TMI Blog2015 (6) TMI 260X X X X Extracts X X X X X X X X Extracts X X X X ..... ng financial difficulties expressed, prima facie , and noticing that the balance of convenience tilts in favour of Revenue, to protects its interest and without expressing any opinion at this stage, predeposit as under is directed to be made by the appellants noted against each within 8 weeks - Partial stay granted. - C/S/49/2011 in C/61/2011 C/S/50/2011 in C/62/2011 C/S/51/2011 in C/63/2011 C/S/60/2011 in C/74/2011 C/S/61/2011 in C/75/2011 C/S/68/2011 in C/83/2011 C/S/69/2011 in C/84/2011 C/S/73/2011 in C/88/2011 C/S/74/2011 in C/89/2011 C/S/176/2011 in C/22 - - - Dated:- 3-2-2015 - D N Panda, Member (J) And R Periasami, Member (T),JJ. For the Appellant : Mr C Subba Reddy, Mr G Derrick Sam, Adv. And Mr Loon Karan Kawad (in p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... predeposit in all the appeals. 3. Learned counsel Shri C.Subba Reddy appearing on behalf of Sanket Praful Tolia (an employee of the CHA), and Shri Parag K Mehta , licenced broker of Mumbai submitted that Sanket Praful Tolia has filed appeal C/60/2011, C/62/2011, C/74/2011 and C/75/2011 . He has been imposed penalty of ₹ 22.50 lakhs (approx.) in aggregate in all these appeals and being a man of no means, is unable to make any predeposit. Similarly, Sri Parag K Mehta who is connected with the imports is also broker of the DFRC licence. He is in appeal No. C/61/2011, C/63/2011, C/88/2011 and C/89/2011 . It was submitted on his behalf that he did not forge the DFRC for broking the same with Shri Loon Karan Kawad of Chennai. He was not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expressed, prima facie , and noticing that the balance of convenience tilts in favour of Revenue, to protects its interest and without expressing any opinion at this stage, predeposit as under is directed to be made by the appellants noted against each within 8 weeks from today : Sl.No. Appellant Appeal No. Duty demand Penalty imposed Predeposit ordered 1. Sri Sai Corporation C/83/11 29,92,424 (jointly severally) 29,92,424 Rs.8,50,000 (Rupees Eight lakhs fifty thousand only) 2. Jitendra N Kamdar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 011 8,00,000 1,70,000 TOTAL 22,50,000 5,00,000 7. The appellant Shri Loon Karan Kawad who is in appeal Nos. C/224/2011, C/225/2011, C/226/2011 C/227/2011 having deposited ₹ 10 lakhs as stated hereinbefore, there shall be waiver of predeposit of balance amount of penalty demanded from him. 8. Ld. counsel Sri Subba Reddy mention that on the earlier occasion there was a decision to dispose appeals today. Therefore, we carefully examined the records and found that on 26.6.2013 an exparte stay order was passed directing deposit of the entire amount of demand in absence of the appellants. But, on ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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