TMI Blog2012 (9) TMI 875X X X X Extracts X X X X X X X X Extracts X X X X ..... security against the appellant in the event of the latter losing the case. We, therefore, expect the deponent to file such undertaking in unequivocal terms within a reasonable time. They shall file this undertaking with the respondent so as to enable him in due course to enforce the security which is being furnished in the form of title deeds by the appellant, in the event of the appellant losing this appeal. The appellant shall do this without any delay, at any rate before 27-9-2012, and report compliance to this Bench on 27-9-2012. The counsel for the appellant shall permit the learned Special Consultant for the respondent to peruse the relevant documents in the meanwhile - Decided in favour of assessee. - E/1364-1375/2010 - Misc. Order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hesh G. Shetty, S/o. Smt. Anusuya G. Shetty and Managing Partner of the appellant-firm viz. M/s. Karnataka Agro Chemicals. Some of the other documents contained in the compilation filed by the appellant are Encumbrance Certificate dated 2-8-2012, Tax Paid Certificate dated 16-4-2012, scrutiny report by advocate dated 17-8-2012, Valuation Report dated 30-7-2012 of consulting engineers and valuers, Partnership Deed dated 1-11-2007 and affidavit dated 7-8-2012 of Shri Mahesh G. Shetty. The partnership deed is a deed of reconstitution of partnership indicating Dr. G.P. Shetty (25%) and Shri Mahesh G. Shetty (75%) as the new partners of the firm with their respective profit/loss shares. 3. All the original documents are also available with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposit of the title deeds would not suffice the purpose of an enforceable security and hence can, by no stretch of imagination, be considered to be enough to safeguard the interest of the Revenue. 4. We have given careful consideration to the submissions of both sides. The moot question debated before us is whether the security offered by the appellant in the form of deposit of title deeds pertaining to the landed property would subserve the revenue s interest in terms of Section 35F of the Central Excise Act. This provision of law clearly lays down the interest of the revenue as a determinative factor for this Appellate Tribunal in the matter of granting waiver of pre-deposit and stipulating conditions in the context of granting such r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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