TMI Blog2013 (11) TMI 1288X X X X Extracts X X X X X X X X Extracts X X X X ..... too intentional - the order upholding the confiscation and imposition of penalty, does not appeared be sustainable - Prima facie the appellant have a strong case in their favour – Thus, the requirement of pre-deposit of penalty waived till the disposal – Stay granted. - Appeal No. 58228 of 2013 (SM) - Misc. Order No. 59280/2013 - Dated:- 23-9-2013 - Mr. Rakesh Kumar, J. For the Appellant : Shri Gaurav Agarwal, Advocate For the Respondent : Shri P.K. Sharma, Authorized Representative (DR) ORDER Per. Rakesh Kumar :- The appellant are manufacturers of MS Mild Steel Bars from M.S. Ingots. Their factory was visited by the DGCEI officers on 26/3/10 and stock of the raw material -Ingots and finished products was checked in p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l, Advocate, the learned Counsel for the appellant, pleaded that though the stock taking had been done in the presence of the Managing Director, the same had been done without actual weighment, that the stock of raw material and finished product has been determined purely by estimation and the Managing Director being under pressure, was forced agree to the weighment, that immediately after conclusion of the stock taking on the very next day, the Managing Director had addressed a letter dated 27/3/10, wherein he had stated that he had agreed to the weighment on account of pressure and that there is no excess or shortage of raw material or finished goods and the weight of the raw material and finished goods has been determined without actual ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant have, thus, a strong prima facie case in their favour and hence the requirement of pre-deposit of penalty may be waived for hearing of the appeal and recovery thereof may be stayed till the disposal of the appeal. He also pleaded that financial position of the appellant is bad as is clear from the profit and loss account and Income tax return for 2012-2013. 4. Shri P.K. Sharma, the learned DR, opposed the stay application by reiterating the findings of the Commissioner (Appeals) and pleaded that the entire weighment had been done in presence of the Managing Director, that officers had offered for physical weighment, but the Managing Director had stated that it will take about 15 days-time and had offered for determining the weigh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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