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TMI Blog2002 (12) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... he Respondent. [Order per : J.H. Joglekar, Member (T)]. - The Commissioner of Central Excise Jamshedpur vide the Order-in-Original No. 56/Commr./2001, dt. 31-10-2001 had confirmed the demand of Rs. 1,54,43,68,025/- against M/s. TELCO Ltd. and had imposed penalty of equal amount on M/s. TELCO Ltd. He had also imposed penalties upon 4 officers of the assessee. Five appeals were filed against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oints urged before it. A statement is also made that the portion of 45 crores of the demand is on addition of after sale service to the assessable value, which stood issue settled by the Tribunal in their own case. It is claimed that on correct calculation the demand for Rs. 108.47 crores was quantifiable at Rs. 41.42 crores only. 3. The claim was also made that the company is passing throug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made by the Tribunal in similar circumstances holding that at the stage of considering the grant of interim relief, the Tribunal was not under an obligation to return a specific finding on every issue urged. We are therefore not inclined to go into the arguments made on the paucity of discussion of certain points urged before us during the hearing on the stay application. 7. The plea of fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion and the interest has been converted into a loss of Rs. 109.21 crores before tax and Rs. 53.73 crores after tax. The judgment cited by Shri V. Sridharan establishes a ratio between the profits made and deposit directed to be made under section 35F of the Act. However Shri Mondal refers to the existence of the cash and bank balance of Rs. 326 crores. In this situation although we feel that some ..... X X X X Extracts X X X X X X X X Extracts X X X X
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