TMI Blog2009 (8) TMI 896X X X X Extracts X X X X X X X X Extracts X X X X ..... two stay petitions arising out of common Order-in-Original. 2. The applicant company claims to be a manufacturer of various steel items like GI gate clip, GI Hooks, Piano Hinges/bucket, washer etc. and claims to have received various inputs like wires, wire rods, sheets and to manufacture the final product and to export them. The Department after investigation held that there is no machinery wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es to Panchnamas dated 15-11-06 and 28-6-2007 indicate lists of machinery, which according to him, were in existence in the company at the time of visit by the officers. However, he concedes that panchnama itself does not refer to existence of such machinery in operational condition. He also relied on report of Dr. B.R. Ambedkar National Institute of Technology dated 13-10-2008, and the certificat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quantum of production shown to have been manufactured by the appellant company. He also submits that the quantum of wastage given is also highly disproportionate to normal industry norms. 5. We have carefully considered the submissions from both the sides. We have also perused the records. The reliance placed by the learned Advocate on the report of Dr. B.R. Ambedkar National Institute of Techno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 40 lakhs towards rebate already granted to them and a sum of Rs. 20 lakhs towards penalty within 8 weeks from today and to report compliance on 9-10-09. 6.2 We direct the applicant Director to deposit a sum of Rs. One lakh within 8 weeks from today and to report compliance on 9-10-09. Subject to deposit of above-mentioned amount, we waive the balance amount of duty, interest and balance amount ..... X X X X Extracts X X X X X X X X Extracts X X X X
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