TMI Blog2014 (1) TMI 1334X X X X Extracts X X X X X X X X Extracts X X X X ..... 00/- in one case and Rs.1 lac in another case for redeeming the goods. The appellants could have redeemed the goods on payment of Rs.9,50,000/- and used the sale proceeds for payment of Rs.50 lacs - The balance sheets as the income tax returns filed today support that the firms and their partners do not have sufficient means, but that considering that proprietor of one of the firm was partner in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plementary affidavits have been filed annexing therewith the balance sheet of the firm as on 31.3.2013 and the income tax returns of the proprietors and partners of the appellant firms for last three assessment years. On 9th December, 2013 we passed the following order:- "We have heard Shri Gaurav Mahajan, learned counsel for the appellant. Shri Vinod Kant appears for the respondent. This ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at goods worth Rs.80,13,000/- have been seized. The appellants do not have financial capacity to pay redemption fine of Rs.8,50,000/- in one case and Rs.1 lac in another case in redeeming the goods. Prima facie the findings on merits are against the appellants. In order to consider whether there will be any undue hardships to the appellants, they have not annexed the balance sheets of the years ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hin 12 weeks, subject to which balance amount of pre-deposit of duty and penalty waived and recovery was to remain stayed. The duty effect is to the tune of Rs.3,12,26,046/- and thus even if we take into consideration that Rs.78,60,500/- was deposited during investigation by both the firms, the deposit of another amount of Rs.50 lacs would amount to deposit of less than 50% of the excise duty de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken into consideration the submission both with regard to prima facie case and the undue hardships, which may be caused to the appellants. The Central Excise Appeals do not raise any substantial questions of law to be decided by this Court. The orders passed by the Tribunal are just and reasonable. The Central Excise Appeals are dismissed. However, in view of the facts and circumstances, brou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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