TMI Blog2008 (8) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent. [Order per : P.G. Chacko, Member (J)]. - After examining the records and hearing both sides, we note that the lower authorities have demanded duty of Rs. 1,93,970/- from the appellants on cotton cone yarn found to have been removed clandestinely by them during the period June to November, 1998 and also imposed equal amount of penalty on them, apart from confiscation of 650 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red. A partner of M/s. Arunkumar Textiles stated inter alia that they had received cotton cone yarn of 40s count from the appellants under an invoice dated 17-08-1998 and did not know whether duty had been paid on the goods. The Managing Partner of M/s. S.K.G. Lungi Company deposed, inter alia, that they had purchased cotton cone yarn of 40s count with the false description of hank yarn from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (17-11-1998), no entry had been made in RG-1 register by the appellants, though substantial quantity of yarn had been produced on various dates in between. On this basis, the appellate authority rejected, and rightly so, the plea made by the party that the unaccounted stock of cotton yarn found in their premises by the officers on 17-11-1998 was the production of the previous day meant for packing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for waiver of predeposit and stay of recovery. We find that the Hon ble High Court s decision cited by the consultant is only relevant to Section 35F of the Central Excise Act. It is not relevant to a case at final hearing stage. It is pointed out that the predeposit ordered by this Bench was duly made in the year 2002 and that the amount is lying with the Revenue. The prayer, now, is for vacatin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmed the Tribunal s order reducing Section 11AC penalty in facts and circumstances of that case. After considering the facts and circumstances of the instant case, we are of the view that penalty equal to duty will be harsh on the assessee. We reduce the quantum to Rs. 50,000/- (Rupees Fifty Thousands only). With this modification, the impugned order is sustained and the appeal is disposed of. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
