2003 (2) TMI 335

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..... Bhutalia, SDR, for the Respondent. [Order]. - After examining the records and hearing both sides, I find that the appellants have a fairly strong case and accordingly, I admit the appeal. 2. The stay application is also being taken up. In this application the prayer is for waiver of pre-deposit and stay of recovery in respect of an amount of penalty of Rs. 17,500/- imposed by the l....

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....s penalty, according to which the penalty imposed on the present applicants was Rs. 17,500/-. In the appeal preferred by the applicants against the order of the original authority, the Commissioner (Appeals) upheld the penalty. 3. Ld. Counsel for the applicants submits that, admittedly, there was enough amount in the applicant's bank account when the duty payment cheques were received by t....

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....Having carefully examined the rival submissions, I find that the applicants have a fairly strong arguable case. The penal provisions of Rule 173Q have been invoked against the applicants on the strength of an allegation that they had no sufficient balance in their PLA when they issued cheques to the Chief Accounts Officer of Central Excise towards payment of duty on excisable goods cleared during ....