9911796707
TMI Blog2001 (1) TMI 497X X X X Extracts X X X X X X X X Extracts X X X X ..... ion is for waiver of the condition of pre-deposit of penalty of Rs. 3,50,000/- imposed on Shri Radhey Shyam Gupta of Calcutta. 2. Shri K.P. Dey, ld. Advocate appearing for the appellant/applicant, submits that Shri Radhey Shyam Gupta is owner of the Transport-Company. He admits that the package containing raw silk yarn was seized from the premises of Shri Gupta. He, however, flatly denies th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case for waiver of the condition of the pre-deposit. He makes it clear that the goods are not claimed by Shri Gupta. Ld. Advocate also submits that Shri Gupta is running the Transport business on a small scale and in this connection he submits the income-tax return for the assessment year 2000-2001. 3. Shri R.K. Roy, ld. JDR appearing for the Revenue submits that the Department has come to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iece of literature found in the premises of transport company. Prima facie, it appears that the piece of literature which is relied upon by the Department, cannot be connected to the goods in question to establish that the appellant/applicant has indulged in smuggling of raw silk. I am of the opinion that the applicant/appellant has made out a case for unconditional stay and as such I am inclined ..... X X X X Extracts X X X X X X X X Extracts X X X X
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