M/S. Chokshi Contacts Pvt. Ltd. Vs. Cce, Jaipur - Court Judgment

Excerpt:
1. learned counsel, shri k.k.anand, stated that in this case the entire duty demand of rs.3,07,015 already stands paid and this fact has been accepted by the adjudicating authority himself. therefore, prayer before us is for waiver of pre-deposit and stay of recovery of penalty of equal amount which has been imposed in terms of section 11ac of the central excise act.2. on hearing both sides and noting submission regarding payment of full duty and further noting that the duty payable subsequent to 28.9.96 which is the date of introduction of section 11ac in the statute boom, we are of the view that this is a fit case for waiver of pre-deposit of penalty and stay of recovery. wr order accordingly.appeal fixed for hearing on 9th july, 2001.

Judgment:
1. Learned Counsel, Shri K.K.Anand, stated that in this case the entire duty demand of Rs.3,07,015 already stands paid and this fact has been accepted by the adjudicating authority himself. Therefore, prayer before us is for waiver of pre-deposit and stay of recovery of penalty of equal amount which has been imposed in terms of Section 11AC of the Central Excise Act.

2. On hearing both sides and noting submission regarding payment of full duty and further noting that the duty payable subsequent to 28.9.96 which is the date of introduction of Section 11AC in the statute boom, we are of the view that this is a fit case for waiver of pre-deposit of penalty and stay of recovery. Wr order accordingly.

Appeal fixed for hearing on 9th July, 2001.