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Sh. Ashok Singhla and Others Vs. Cc, New Delhi - Court Judgment

SooperKanoon Citation

Court

Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided On

Appellant

Sh. Ashok Singhla and Others

Respondent

Cc, New Delhi

Excerpt:


1. the prayer in the two stay petitions are for dispensing with the consition of pre-deposit of personal penalty of rs.5 lakhs imposed on each of the applicants/appellants. after hearing sh. g.l. rawal, advocate and sh. mewa singh, sdr, we find that vide impugned order commissioner has also confiscated appellants goods worth rs.55.72 (approx.) lakhs with an option to redeem the same on payment of a fine of rs.15 lakhs. sh. rawal gives an undertaking that during the pendency of the appeal the appellant will not redeem the goods in question and as such the goods should be taken as a security towards penalty, subject to the final outcome of the appeal. in view of the undertaking given by the advocate we dispense with the condition for pre-deposit and stay of the recovery during the pendency of the appeal. the main appeals are also fixed on 5.7.2001.

Judgment:


1. The prayer in the two stay petitions are for dispensing with the consition of pre-deposit of personal penalty of Rs.5 lakhs imposed on each of the applicants/appellants. After hearing Sh. G.L. Rawal, Advocate and Sh. Mewa Singh, SDR, we find that vide impugned order Commissioner has also confiscated appellants goods worth Rs.55.72 (approx.) lakhs with an option to redeem the same on payment of a fine of Rs.15 lakhs. Sh. Rawal gives an undertaking that during the pendency of the appeal the appellant will not redeem the goods in question and as such the goods should be taken as a security towards penalty, subject to the final outcome of the appeal. In view of the undertaking given by the advocate we dispense with the condition for pre-deposit and stay of the recovery during the pendency of the appeal. The main appeals are also fixed on 5.7.2001.

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