Full Judgment
United Phosphorus Ltd. for the period 1994-1995 to 1996-1997 upto 24.9.97. Out of this duty amount a sum of Rs.46.41 lakhs approximately has been confirmed on the ground that the goods sold from the Depots at a price higher than the price declared by the appellants in their price declaration. A demand of Rs. 16.97 lakhs approximately has been confirmed on the difference in transportation charges claimed as deduction and actual cost of transportation incurred by the appellants and a sum of Rs.5.60 lakhs has been confirmed on the amount of disallowing deduction on account of transportation charges claimed by the assessees. In addition to the duty demand penalty amount equal to duty has been imposed upon the assessees under the provisions of Rules 173Q(1) read with Section 11AC of the Act, and the penalty of Rs. 50,000/- has been imposed on the applicant No.2 who is General Manager of applicant No.1.
2. On hearing both sides and noting that an amount of Rs.67, 89,468/- has already been paid by the unit as seen from the impugned order itself. We are of the view that no further predeposit is called for and grant (sic) wavier of predeposit of balance duty and the penalities and stay recovery thereof pending the appeals. The applicants are permitted to utilise the plant and machinery that stand confiscated by the Commissioner subject to furnishing guarantee that they will not save, transfer dispose off or otherwise (sic) alienate them during the course of the appeals except with the prior permission of the Commissioner.