9911796707
TMI Blog2008 (2) TMI 712X X X X Extracts X X X X X X X X Extracts X X X X ..... R, for the Respondent. [Order per : S.L. Peeran, Member (J)]. - The appellants are required to pre-deposit duty of Rs. 3,71,62,320/- along with penalties. The Revenue has proceeded to recover the amount on the allegation of clandestine manufacture and clearance of final product by the appellant based on entries made in the balance sheet. The proceedings had been initiated on the allegation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al of the goods. Therefore it led to the conclusion that there was clandestine manufacture and clearance of goods and hence fresh notices were issued based on the entries in the balance sheet. This has resulted in the impugned order. The revenue was directed to file their para-wise comments. The same has been filed by the learned DR. The matter is taken up for consideration. Learned counsel submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ufacture and clearance of final goods Therefore, solely based on the entries in the balance-sheet, the demands cannot be confirmed. 2. Learned counsel submits that the appellants' submission that the entries were made on account of earlier order passed against them to reconcile the accounts ought to have been accepted. It is his submission that since the earlier order has been set aside and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ractice. In the present case, the demands have been based on the statements and the entries made in the balance sheet. Therefore, the appellants do not have strong case on merits. He prays for putting the appellants to terms. 4. We have carefully considered the submissions and gone through the impugned order and the records. It is clear from the show cause notice and the impugned order that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sit and staying its recovery till the disposal of the appeal. Revenue should not proceed even after the expiry of 180 days in terms of several judgments passed by the Apex Court High Court and Tribunal rulings. As the Revenue is more, the prayer made by the appellants for out of turn hearing is accepted. Matter to come up for final hearing on 26th May 2008. (Pronounced and dictated in the open Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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