2013 (8) TMI 797

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ever, in respect of the penalty imposed on the Managing Director of the company, waiver and stay were granted. The company was required to report compliance to the DR on 13.02.2013. The report of the DR that no pre-deposit had been made by the appellant-company was considered by this bench on 20.02.2013, on which date a Miscellaneous Application (No. 25267/2013, filed by the company and its Managing Director arose for consideration of this bench. However, the advocate who appeared for the company sought adjournment on the ground that his senior would like to present the miscellaneous application. The bench acceded to the advocate's request and adjourned hearing on the miscellaneous application to 25.02.2013. Accordingly, the matter arises f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... application of this kind was examined by the Hon'ble High Court. 3. We have given careful consideration to the submissions. As rightly submitted by the learned Superintendent CAR) and fairly conceded by the learned counsel for the appellants, the claim for depreciation of value of the imported goods was not raised by the parties before the adjudicating authority nor in the appeal or stay applications filed by the parties before this Tribunal. The question whether, on the available records, a prima facie case was made out by the parties was carefully considered by this bench in Stay Order dated 27.12.2012. Having found no such case for the appellants, pre-deposit was ordered and, that too, only to the extent of Rs. 1.5 crores against dem....