M/S. Khemka Textiles Vs. Cce Jaipur - Court Judgment

Excerpt:
1. for hearing their appeal m/s. khemica textiles are required to pre-deposit rs.50,000/- (rupees fifty thousand only) by way of penalty.no duty has been demanded from the appellants. shri k.k.anand submits that m/s. khemica textiles were only a trader and they had purchased the goods under the bonafide belief that the same were duty paid. he refers to the tribunal's stay order no.e/31-38/98-v dated 19.5.1978 and submits that no penalty had been ordered to be pre-deposited by the dealers also under that stay order. after hearing shri m.m.dubey, dr and after going through the record we dispense with the requirement of pre-deposit of rs.50,000/- in this case. the matter to come up in its own turn.

Judgment:
1. For hearing their appeal M/s. Khemica Textiles are required to pre-deposit Rs.50,000/- (Rupees fifty thousand only) by way of penalty.

No duty has been demanded from the appellants. Shri K.K.Anand submits that M/s. Khemica Textiles were only a trader and they had purchased the goods under the bonafide belief that the same were duty paid. He refers to the Tribunal's stay order No.E/31-38/98-v dated 19.5.1978 and submits that no penalty had been ordered to be pre-deposited by the dealers also under that stay order. After hearing Shri M.M.Dubey, DR and after going through the record we dispense with the requirement of pre-deposit of Rs.50,000/- in this case. The matter to come up in its own turn.