M/S. Inter Plastics Vs. Cce, New Delhi - Court Judgment

Excerpt:

1. the applicants filed this stay application for waiver of penalty of rs.50,000/-.2. heard both sides. the contention of the applicant is that they had already deposited duty of rs.86,483/-. the contention of the revenue is that the duty and penalty imposed on the appellant for the shortage in the raw materials and the finished goods the their authorised signatory admitted the fact the goods in question were short. the case of the applicants was arguable and it requires detailed appreciation of the facts. it is not fit case for total waiver of penalty. taking into the facts of the case, the applicant is directed to deposit a sum of rs.10,000/- within four weeks. on deposit of the amount, remaining amount of penalty is waived. to come up for hearing on 24.7.2001.(dictated in court)

Judgment:

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

2. Heard both sides. The contention of the applicant is that they had already deposited duty of Rs.86,483/-. The contention of the Revenue is that the duty and penalty imposed on the appellant for the shortage in the raw materials and the finished goods the their authorised signatory admitted the fact the goods in question were short. The case of the applicants was arguable and it requires detailed appreciation of the facts. It is not fit case for total waiver of penalty. Taking into the facts of the case, the applicant is directed to deposit a sum of Rs.10,000/- within four weeks. On deposit of the amount, remaining amount of penalty is waived. To come up for hearing on 24.7.2001.

(dictated in court)