9911796707
TMI Blog2014 (5) TMI 301X X X X Extracts X X X X X X X X Extracts X X X X ..... 1944 (in short, "the Act") against the order dated 13.12.2011 (Annexure A-1) passed by the Customs Excise and Service Tax Appellate Tribunal, New Delhi (in short, "the Tribunal") and for setting aside the orders dated 9.6.2009 (Annexure A- 3) passed by respondent No.2 and dated 8.3.2010 (Annexure A-5) passed by the Tribunal. 2. A few facts relevant for the decision of the controversy involved as narrated in the appeal may be noticed. The assessee was issued Letter of Permission dated 22.3.1994 to establish a 100% Export Oriented Unit (EOU) for manufacturing and export of home furnishings. After completion of various formalities, the assessee imported capital goods valued at Rs. 6,24,94,390/-, raw material value at Rs. 12.17 lacs and also p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the amount equal to the customs duty leviable on such goods on depreciated value and the rate in force on the date of payment of such duty. The assessee deposited the liability of Rs. 12,15,599/- vide challan dated 31.1.2003 as custody duty on the depreciated value of the capital goods and informed the department in this regard vide letter dated 28.2.2003. The department issued a show cause notice dated 18.8.2004 for recovery of differential duty and interest and imposition of penalty. The assessee filed reply dated 29.10.2004 to the said show cause notice. The Commissioner vide order dated 29.11.2005 confirmed the duty and ordered recovery of interest and imposing penalties on the company as well as Directors Shri Surender Pal Singh and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e under the circumstances. 4. Learned counsel for the revenue opposed the prayer made by the learned counsel for the appellant and submitted that the amount as directed by the Tribunal was reasonable and justified. 5. The primary dispute that arises for consideration in this appeal relates to the quantum of pre-deposit to be made by the appellant as a condition precedent for the hearing of the appeal by the Tribunal. After hearing learned counsel for the parties and keeping in view the totality of the facts and circumstances of the case, a sum of Rs. 30 lacs in addition to the amount already deposited, be deposited as a condition precedent for hearing of the appeal by the Tribunal which would meet the ends of justice. 6. The appeal stand ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
