Hiltron Industries and Engg. Co. Vs. Commissioner of Customs, Cal. - Court Judgment |
| Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta |
| Oct-10-2001 |
| Hiltron Industries and Engg. Co. |
| Commissioner of Customs, Cal. |
1. the prayer in both of the stay petitions is for dispensing with the condition of predeposit of penalty amount of rs. 1,00,000/- imposed on each of the appellants/applicants.2. shri g.l.rowal, ld.advocate appearing for the appellants/applicants, submits that the goods worth rs. 82 lakhs (approx.) have been confiscated by the impugned order of the commissioner of customs, calcutta with an option to the appellants to redeem the same on payment of fine of rs. 10 lakhs. he submits that the goods have not been redeemed by the appellants till date and are in the custody of the revenue. he also undertakes not to redeem the goods till disposal of the appeals by the tribunal. in the circumstances, he prays for allowing the stay petitions un-conditionally.3. shri d.k.bhowmik, ld.jdr appearing for the revenue does not object to the above proposal of the ld.advocate.4. upon the appellants giving undertaking not to redeem the goods during the pendency of the appeals, i dispense with the condition of predeposit of penalty of rs. 1,00,00/- imposed on each of the appellant and allow their stay petitions un-conditionally. appeals itself would be taken up for disposal on 9th november, 2001.
1. The prayer in both of the Stay Petitions is for dispensing with the condition of predeposit of penalty amount of Rs. 1,00,000/- imposed on each of the appellants/applicants.
2. Shri G.L.Rowal, ld.Advocate appearing for the appellants/applicants, submits that the goods worth Rs. 82 lakhs (approx.) have been confiscated by the impugned order of the Commissioner of Customs, Calcutta with an option to the appellants to redeem the same on payment of fine of Rs. 10 lakhs. He submits that the goods have not been redeemed by the appellants till date and are in the custody of the Revenue. He also undertakes not to redeem the goods till disposal of the appeals by the Tribunal. In the circumstances, he prays for allowing the stay petitions un-conditionally.
3. Shri D.K.Bhowmik, ld.JDR appearing for the Revenue does not object to the above proposal of the ld.Advocate.
4. Upon the appellants giving undertaking not to redeem the goods during the pendency of the appeals, I dispense with the condition of predeposit of penalty of Rs. 1,00,00/- imposed on each of the appellant and allow their stay petitions un-conditionally. Appeals itself would be taken up for disposal on 9th November, 2001.