2013 (11) TMI 1212

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....UDGEMENT JUDGEMENT Per DR. I.P. LAL, These applications are filed seeking waiver of pre-deposit of duty demand of Rs.85,74,214/- and equal amount of penalty imposed under Section 11AC of the Act on M/s. Aarem Chemicals Pvt. Ltd. i.e. applicant No.1 and penalty of Rs.1.00 Lakh imposed on Shri R.K. Vijay, CEO of the applicant company. 2. None present for the applicant 3. The Ld. A.R. ....

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....the said goods and the same were manufactured using the machinery of the applicants, duty has been demanded from the applicant. It is the contention that Shri A.K. Bohra, the authorized representative of the applicant company and Shri Ashim Kr. Das, General Manager of M/s. Allied Resin & Chemicals had admitted that the impugned goods were manufactured by using the machinery of the applicant's comp....

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....fixed on 28/5/2013 and 3/9/2013 but no one attended the hearings. Accordingly, we proceed to decide the stay application of the applicants on the basis of facts of the case enumerated by the Ld. A.R. and on the basis of the case records. 5. We find that the Adjudicating Authority has observed that the resin powder weighing 12,78,655 Kgs. involving duty of Rs.61,24,002 reflected in monthly retur....

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.... the ER-I Returns filed by the applicants. We also find that the applicant had not determined the value correctly in case of their stock transfer of the goods. 6. In view of these facts, prima facie, we are of the view that the applicants have not been able to make a case of full waiver of the pre-deposit. Accordingly, keeping in view the stand taken by various judicial forum, principle of law ....