1992 (9) TMI 206

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e applicants and pleaded that M/s. Anand Engineering Works is a sole proprietary concern owned by Shri Anand and separate penalties have been imposed on the concern as well as on Shri Anand besides demanding duty of Rs. 4,19,950.20. Penalty imposed on Shri Anand was Rs. 50,000/-, on M/s. Elgi Tyre & Tread Ltd. Rs. 1,00,000/- and on Shri S.D. Seshachalam, Deputy Manager Rs. 50,000/-. Shri Lakshmikumaran has pleaded that the period involved is 6-9-1986 to 21-11-1988 and the applicant manufactures two products, namely, criss-cross rubber patches and Chemical vulcanising cement. In a similar matter of the same appellants on the same facts and for the same period, the Tribunal vide order No. 508-511/91-C, dated 31-5-1991 had decided the matter i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rough the facts and circumstances of the case. We have perused the earlier Order No. 508-511/91-C of the Tribunal. The facts and circumstances of the case appear to be similar. It also appears that no appeal has been filed by the Revenue before the Hon'ble Supreme Court and as such there could be no stay by the Supreme Court. We are of the view that prima facie the applicants have got a very good case on merits. We dispense with the pre-deposit of the duty amount of Rs. 4,19,950.20 and penalties of Rs. 50,000/- imposed on Shri V. Anand, Rs. 1,00,000/- on M/s. Elgi Tyre & Tread Ltd. and Rs. 50/000/- on Shri S.D. Seshachalam. We further direct that during the pendency of the appeal, the Revenue authorities shall not pursue the recovery procee....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....st, it appears that Respondents Nos. 2 and 3 encashed the bank guarantee given by the petitioners on 3rd Feb., 1992. In our opinion, it was highly improper on the part of the Collector and Assistant Collector to encash the bank guarantees before expiry of the statutory period of three months and in particular when petitioners had specifically informed that the stay application is fixed for hearing on 17th Feb., 1992. Be that as it may, we accordingly direct Respondents Nos. 2 and 3 to pay entire amount recovered by encashing bank guarantees to the petitioners within 10 days from today. On receipt of the said amount by the petitioners, they shall execute bank guarantee in favour of the Collector of Central Excise within two weeks thereaft....