TaxTMI 
TaxTMI 
2013 (10) TMI 714
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....during that year, the total clearances of the specified goods were only worth Rs. 57,00,000/-. During the previous financial year i.e. during 2010-2011, according to the income tax returns of the appellant company, their total clearances of specified goods worth Rs. 27,00,000/-. For these reasons during the period of dispute, the factory was not having Central Excise registration. On 19/08/11, the Jurisdictional Central Excise officers visited this unit by surprise and at that time they intercepted a tempo parked just outside the factory with 396 DVDs being cleared, and there was no accompanying invoice with the goods. On checking with the stock of the finished goods, 271 DVDs goods were found unaccounted. Statement of the driver was record....
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....the appellant company, penalty of Rs. 10,000/- on Shri Alex John and penalty of Rs. 5,000/- on Shri Gangasagar, Driver of the tempo. The tempo from which the goods were seized, were also ordered to be confiscated with option to be redeemed a fine of Rs. 5,000/-. On appeal being filed against the Assistant Commissioner's order by the appellant company, Shri Manish Nathani, Shri Alex John and Shri Gangasagar, the Commissioner (Appeals) set aside the confiscation of the raw material but remaining portion of the order was upheld. Against this order of the Commissioner (Appeals), these four appeals have been filed alongwith stay applications. The prayer in these stay applications is for waiver of penalty and stayed the recovery thereof till the ....
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....vision Pvt. Ltd. for denying the SSI exemption to them during 2011-2012 and demanding duty. He, therefore, pleaded that the impugned order upholding penalty on the appellants is not sustainable, that the appellants have strong prima facie case in their favour and hence the requirement of pre-deposit of penalty may be waived for hearing of their appeals and recovery thereof may be stayed till the disposal of the appeal. 4. Shri S.K. Gupta, the learned DR, opposed the stay applications by reiterating the findings of the Commissioner (Appeals) and emphasised that Shri Alex John in his statement dated 19/08/11 had clearly stated that the goods were being cleared without invoices, that where the clearances were under invoices, the same were bei....