M/S. R.B. Knit Exports Vs. Cc, Amritsar - Court Judgment

Excerpt:
1. m/s. r.b. knit exports have filed the present stay application with regard to the order-in-original passed by the commissioner of customs, amritsar in which the excess amount of draw back of rs. 12,84,256.00 had been ordered to be recoverable from them. it is mentioned in the order itself that the applicants have already deposited rs. 10,00,000/- and the same had been ordered to be adjusted against the excess draw back claim. thus, the net liability of rs. 2,84,256/- has been fastened on the applicants. in addition, a penalty of rs. 5,00,000/- has also been imposed under the customs act.2. we have heard shri g.s. bhangoo, advocate for the applicants and shri mewa singh, sdr is present for the respondents/revenue.3. the ld. advocate submits that the demand was hit by time bar and that the revenue has already withheld an other draw back claim of above rs. 7,00,000/-.4. after hearing both the sides and after going through the facts on record, we direct the applicants to deposit the balance amount of rs. 2,84,256/- (two lakh eighty four thousand two hundred and fifty six only) within a period of 6 weeks from today. on depositing the above sum of rs. 2,84,256/- within the period stipulated above, the pre-deposit of the penalty amount of rs. 5,00,000/- (rules five lakh only) will be waived and recovery stayed till the disposal of the appeal.5. matter to come-up for reporting the compliance and further orders on 8th august, 2001.

Judgment:
1. M/s. R.B. Knit Exports have filed the present stay application with regard to the order-in-original passed by the Commissioner of Customs, Amritsar in which the excess amount of draw back of Rs. 12,84,256.00 had been ordered to be recoverable from them. It is mentioned in the order itself that the applicants have already deposited Rs. 10,00,000/- and the same had been ordered to be adjusted against the excess draw back claim. Thus, the net liability of Rs. 2,84,256/- has been fastened on the applicants. In addition, a penalty of Rs. 5,00,000/- has also been imposed under the Customs Act.

2. We have heard Shri G.S. Bhangoo, Advocate for the applicants and Shri Mewa Singh, SDR is present for the respondents/Revenue.

3. The ld. Advocate submits that the demand was hit by time bar and that the Revenue has already withheld an other draw back claim of above Rs. 7,00,000/-.

4. After hearing both the sides and after going through the facts on record, we direct the applicants to deposit the balance amount of Rs. 2,84,256/- (Two lakh eighty four thousand two hundred and fifty six only) within a period of 6 weeks from today. On depositing the above sum of Rs. 2,84,256/- within the period stipulated above, the pre-deposit of the penalty amount of Rs. 5,00,000/- (Rules Five Lakh Only) will be waived and recovery stayed till the disposal of the appeal.

5. Matter to come-up for reporting the compliance and further orders on 8th August, 2001.