TMI Blog2015 (6) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... evidence of unaccounted purchase of raw material or evidence of clandestine removal by the appellant. - amount already deposited by the appellant during investigation is sufficient for hearing of their appeal and the requirement of pre-deposit of the duty demand, interest and penalty by the appellant company and the requirement of pre-deposit of penalty - Stay granted. - Excise Stay Nos. E/53810-53811/2014, Excise Appeal Nos. E/53403-53404/2014-EX[DB] - - - Dated:- 6-4-2015 - Rakesh Kumar, Member (T) And S K Mohanty, Member (J),JJ. For the Appellant : Mr B L Sharma, Adv. For the Respondent : Mr M S Negi, DR ORDER Per: Rakesh Kumar: M/s Tarun Alloys Ltd. (hereinafter referred to as appellant company) is manufacture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of ₹ 10 Lakh during investigation, this amount was ordered to be appropriated against the duty demand confirmed. Against this order of the Commissioner, these appeals have been filed along with stay applications. 2. Heard both the sides in respect of stay applications. 3. Sh. BL Sharma, Advocate the Ld. Counsel for the appellant pleaded that based on the various documents and CPUs, Pen Drives and Laptops recovered from the premises J-1200 Palam Vihar, Gurgaon, a SCN had been issued to KIL for recovery of duty amounting to ₹ 44 Crore, that the matter against the KIL was adjudicated by the Commissioner of Central Excise, Jaipur, vide order-in-original dated 12.09.2004 by which the Commissioner dropped the entire duty deman ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eposit of penalty by its director Sh. Krishan Kumar Garg may be waived for hearing of their appeals and recovery thereof may be stayed. 4. Sh. MS Negi, the Ld. DR, opposed the stay application by reiterating the findings of the commissioner in the impugned order and stated that the duty demand against them is based on the documentary evidence in form of the purchase file recovered from the premises of KIL and also the computer print outs taken from the CPUs Pen Drives and Laptops, recovered from KIL's premises and beside this Sh. Krishan Kumar Garg also, in his statement, has accepted that the goods mentioned in the documents recovered from the premises of KIL may have been cleared by them without payment of duty. He, therefore, plea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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