TMI Blog2015 (11) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s. Vignesh Alloys Pvt. Ltd., predeposit of balance duty and penalty on them and predeposit of penalty imposed on its Director Shri R. Vijaykumar shall stand waived and recovery thereof stayed during pendency of their appeals. For the rest of the appellants, upon compliance of predeposit amount, balance penalty shall stand waived and recovery thereof stayed during pendency of appeals. - Partial stay granted. - Appeal No. E/S/41264/2014 in E/41023/2014 - MISC ORDER No.40948-40964/2015 - Dated:- 6-7-2015 - Shri R. Periasami, Technical Member And Shri P.K. Choudhary, Judicial Member For the petitioner : Shri S.Durai Raj, Advocate For the Respondent : Shri R. Subramaniyan, AC (AR) Appeal No. E/S/41292/2014 in E/41056/2014, E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oys Pvt. Ltd. (Sl.No.2) and also imposed penalties on the other co-noticees as listed at Sl.No.1, 3-17 above. 5. Ld. Advocate appearing for the appellant submits that the main appellant has already paid ₹ 1 crore which was appropriated in the OIO. He further submits that when the matter was listed on 29.4.2015, he sought time to seek instructions for further deposit if any made by the appellants. He further submits that appellants claimed that an amount of ₹ 2,00,94,009/- was debited. Revenue on verification considered that debit was erroneous and issued a SCN dt. 6.6.2014 demanding erroneous debit amount. He further submits that Shri R.Vijaykumar (Sl.No.3) is the Director of appellant M/s.Vignesh Alloys Pvt. Ltd. and the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led credit on CVD paid on the aluminium scrap based on the invoices. Taking into account the amount already appropriated, prima facie, appellants have not made out a case for waiver of predeposit. Accordingly we direct the following appellants to predeposit the amounts as ordered below :- S.No Appeal No. Appellant Penalty Amount confirmed in the order Pre-deposit ordered. 1. E/S/41264/2014 in E/41023/2014 DEE VEE Metals 1,50,000 1,50,000 2. E/S/41292/2014 in E/41056/2014 Vignesh Alloys Pvt. Ltd. 3,14,24,906 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1077/2014 Chandrabahn A Singh 5,00,000 1,25,000 13. E/S/41319/2014 in E/41085/2014 Reliance Overseas Services 40,00,000 10,00,000 14. E/S/41320/2014 in E/41086/2014 Rakesh Bahgwan Singh 2,00,000 50,000 15. E/S/41321/2014 in E/41087/2014 Kalpesh Jain 1,00,000 25,000 16. E/S/41322/2014 in E/41088/2014 A Abba and Sons 2,00,000 50,000 Upon deposit of &# ..... X X X X Extracts X X X X X X X X Extracts X X X X
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