2005 (2) TMI 596

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....r the Appellant. Shri Randhir Singh, JDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. -  Though these two appeals are posted for hearing applications for staying the recovery of penalty imposed on M/s. Dhillon Kool Drinks and Beverages Ltd. and their General Manager, we take up the appeals themselves for disposal after staying the recovery of penalty as the entire amo....

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....alance on the dates of presentation of TR-6 challans in the Bank and, therefore, there can be no deliberate/mala fide intention to manipulate TR-6 challans to delay/defer the payment of duty; that the Appellants have paid the entire amount of interest even before the issuance of the show cause notice; that thus they have already been penalized to the extent of payment of huge amount of interest. H....

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....e Appellants took credit in their PLA and subsequently used the credit for payment of duty, and the dates when the amount was actually credited to the Government account and thus there were clearances of the goods without having sufficient balance in their PLA; that this has been admitted by Shri B.C. Kataria, General Manager (Finance), in his statement, wherein he had deposed that they had prepon....

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.... sides. The case of the Revenue is that the penalty is imposable on the Appellants as they had cleared the excisable goods by debiting the duty amount in their PLA when in fact they were not having the adequate and sufficient balance in their PLA. The contention of the Appellants on the other hand is that they were having a current account with over-draft facility with the bank and after issuing T....