2001 (12) TMI 368

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....vocate, for the Appellant. Shri A.K. Mondal, JDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. -  This is an application by M/s. IISCO Ltd. for waiver of pre-deposit of penalty amounting to Rs. 2.5 Crores imposed by the Commissioner under the impugned order on account of clearing the excisable goods without having sufficient balance in PLA. 2. Shri R.N. Das, ld....

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....n'ble Calcutta High Court in the case of reported in 2001 (132) E.L.T. 557 wherein it was held that where the scheme under Section 17 of Sick Industrial Company Act is under preparation, the recovery of duty by the Customs Department should not be proceeded with. 3. Opposing the prayer, Shri A.K. Mondal, ld. DR, submitted that no excisable goods can be removed without payment of appropriat....

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....the provisions of Act and Rules. In view of this fact, the appellants have not made out a strong prima facie case for waiver of pre-deposit of entire amount of penalty. The decision of Hon'ble Calcutta High Court relied upon by the ld. Sr. Advocate is not applicable as in that case the Customs House had started the proceeding under the provisions of Section 142 of the Customs Act for recovering th....