TMI Blog2013 (6) TMI 581X X X X Extracts X X X X X X X X Extracts X X X X ..... hab Singh, JJ. For the Appellants : Shri B K Singh, Adv. and Shri Ravi, Adv. For the Respondent : Shri I Beg, DR Per: Archana Wadhwa: The prayer in the application is to dispense with the condition of pre-deposit of ₹ 2,28,77,176/- and penalty of identical amount confirmed against and imposed upon M/s Gold Star Pharmaceuticals Pvt Ltd who are engaged in the manufacture of Medicaments. In addition, penalties stand imposed on the other applicants who are their dealers/partners. 2. After hearing appellants duly represented by Shri B.K. Singh, learned Advocate for the appellants and Shri I. Beg, learned DR for the Respondents, we find that the said demand stand confirmed against M/s Gold Star Pharmaceuticals primaril ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same for the last number of years and the statement of the Director Shri Roshanlal accepted the above position. However, submits the learned Advocate that the price during the year 2005-06 was almost 2/3rd of the MRP of 2006-07 and in support thereof, they have produced the said sheet showing lower MRP. As such, the demand of ₹ 80 lakhs confirmed on the said ground would come down to approximately ₹ 50 lakhs. 5. The balance demand is on the allegation and findings of clandestine removal which in turn, are based upon the statements of the three chemists working with them deposing that they were using the same Batch No. for more than one batch. In addition, one of their dealer i.e. M/s Sooraj Medical Agency has shown much m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that difference upto 10% does not stand explained. 8. Countering the above arguments, learned DR appearing for Revenue submits that the the excess collection of cash than the assessable value on which the appellant has discharged duty, stands clearly admitted by the Director of the company. As regards calculation of duty on MRP basis, he submits that during the period they admitted that the MRP was the same as was for the period of investigation 2006-07. 9. As regards the clandestine removal, he submits that sufficient evidence is available on record to establish clandestine activity of the appellant. The fact that one of their main dealer was showing much higher sale of medicaments than the quantity received by him is itself sufficie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtent against the applicant and the fact that the factory is lying closed would make it difficult for Revenue to recover the same. Interest of Revenue is required to be protected and safeguarded at this interim stage. 13. We agree with the contention of the learned DR. Having gone into the overall facts and circumstances of the case, we direct the appellant to deposit 50% of the duty amount i.e. ₹ 1.15 crores (One Crore and Fifteen lakhs only) within a period of 8 weeks (period suggested by the learned Advocate) as a condition of hearing of their appeal. Subject to the above deposit, the pre-deposit of the balance amount of duty and entire amount of penalties imposed on all the applicants shall stand waived and its recovery stayed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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