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2015 (12) TMI 165 - CESTAT AHMEDABAD

2015 (12) TMI 165 - CESTAT AHMEDABAD - TMI - Modification of stay order - Waiver of pre deposit - Held that:- Tribunal directed the pre-deposit after considering their role played in respect of forging of the documents for export of non-Basmati rice. The applicants submitted that the cross examination of the main person (exporter) was not granted. We find that this issue would be considered at the time of appeal hearing. The applicants also submitted that they have filed salary certificates and .....

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r. P.K. Das, Member (Judicial) And Mr. H.K. Thakur, Member (Technical) For the Petitioner : Shri Anil Navani, Shri Manish Rajwani, Shri Diptesh Patel For the Respondent: Shri Jitendra Nair, A.R. ORDER Per: P.K. Das 1. By Stay Order No.M/15821-15824/2014, dt.26.11.2014, the applicants were directed to pre-deposit the penalties as under:- a) Shri Anil Navani ₹ 5 lakhs b) Shri Anil Prajapati ₹ 4 lakhs c) Shri Diptesh Patel ₹ 3 lakhs d) Shri Manish Rajwani ₹ 5 lakhs 2. Shri A .....

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8377; 10,000.00 each. They also placed reliance on the decision of Honble Calcutta High Court in the case of Amitava Sava Vs CESTAT - 2007 (215) ELT 173 (Cal). 3. Learned Authorised Representative for the Revenue submits that the Tribunal had given the finding that prima facie the applicants played role in respect of forging of the documents in export of non-Basmati rice, Basmati rice and also Murate of Potash. It is his submission that the pre-deposit of 10% is not excessive at all. 4. We repr .....

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