TMI Blog2015 (3) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... m the sale invoices of the transaction with the above two dealers and the sale invoice for the transaction made on the same days to the other buyers. It has been observed that the applicant has not placed evidence that they have sold the excisable good to unrelated buyers at lower value at which they sold the goods to the two dealers. In the case of Jai Balaji Jyoti Steel Ltd. Vs. CCE - [2014 (8) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore the applicant failed to make out a prima facie case for waiver of predeposit of entire dues. The learned consultant has not pleaded any financial hardship. - Partial stay granted. - E/40447/2014 - Misc. Order No.41083/2014 - Dated:- 3-7-2014 - Shri P.K. Das and Shri R. Periasami, JJ. For the Appellant : Shri S.D. Sankaran, Consultant For the Respondent : Shri M. Rammohan Rao, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2007 to December 2010 along with interest and penalty. The adjudicating authority confirmed the demand of duty along with interest and penalty. 2. After hearing both sides and on perusal of the records, we find from the impugned order that there is no dispute that the applicant cleared the goods to the related persons. It is seen that there is a wide difference in prices for rods of similar st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts that he would like to file those documents before the Tribunal with an application for additional evidence. He strongly relied upon the decision of the Tribunal in the case of Jai Balaji Jyoti Steel Ltd. Vs. CCE - 2014 (304) ELT 630 whereby unconditional stay was granted in an identical situation. On perusal of the said decision, we find that the Tribunal granted stay on the ground that merely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ues. The learned consultant has not pleaded any financial hardship. 4. In view of that, we direct the applicant to predeposit a sum of ₹ 90,00,000/- (Rupees ninety lakhs only) within a period of eight weeks and report compliance on 10.9.2014. Upon such deposit, predeposit of the balance dues stands waived and recovery thereof stayed during the pendency of the appeal. (Dictated and pron ..... X X X X Extracts X X X X X X X X Extracts X X X X
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