1999 (7) TMI 375

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hri R.D. Negi, SDR, for the Respondent. [Order per : S.S. Kang, Member (J)]. -  The Applicants filed this application for waiver of duty demanded Rs. 1,00,97,626/- and penalty of Rs. 50 lakhs. 2. Appearing on behalf of the Applicants Shri Velapally, Sr. Advocate submitted that the Tribunal vide Final Order E/979/98-B1, dated 15-7-1998 remanded the matter to the Adjudicating Auth....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Provisions) Act, 1985. For this he relied upon the Hon'ble Supreme Court judgment in their own case reported in 1997 (94) E.L.T. 477 (S.C.). He therefore prays the application uphold. 3. Shri R.D. Negi, ld. SDR, appeared on behalf of the Revenue and submitted that the Adjudicating Authority complying with the directions of the remand order passed by the Tribunal given his specific finding....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....trial and Financial Reconstruction (BIFR) vide order dated 9th February, 1988 and the Hon'ble Supreme Court, in their own case reported in 1997 (94) E.L.T. 477, held that the recovery and arrears of Revenue due from Sick Industrial Companies are not recoverable by coercive process without the consent of the Board of Industrial Financial Reconstruction. In these circumstances, prima facie, we find ....