M/S. Faridabad Metal Udyog Ltd. Vs. C.C.E., Delhi-ii - Court Judgment

Excerpt:

1. the applicants filed this application for waiver of penalty of 50,000/-.2. ld. counsel, appearing on behalf of the applicants, submits that at the time of verification of stock, certain shortages were found in respect of inputs. the applicants, on the asking of the revenue officers, deposited an amount of rs. 3,30,829.00 under protest. he submits that as the duty amount is deposited even before issuance of the show cause notice, this application be allowed.4. heard ld. d.r., who reiterates the findings of the lower authorities.6. keeping in view the fact that the whole of duty has been deposited before issuance of show cause notice, the deposit of penalty is waived for hearing of the appeal. registry is directed to list the appeal for regular hearing on 29.08.2001.

Judgment:

1. The applicants filed this application for waiver of penalty of 50,000/-.

2. Ld. Counsel, appearing on behalf of the applicants, submits that at the time of verification of stock, certain shortages were found in respect of inputs. The applicants, on the asking of the revenue officers, deposited an amount of Rs. 3,30,829.00 under protest. He submits that as the duty amount is deposited even before issuance of the show cause notice, this application be allowed.

4. Heard ld. D.R., who reiterates the findings of the lower authorities.

6. Keeping in view the fact that the whole of duty has been deposited before issuance of show cause notice, the deposit of penalty is waived for hearing of the appeal. Registry is directed to list the appeal for regular hearing on 29.08.2001.