Just a moment...

Top
Help
AI Drafter - (New and Powerful)

TaxTMI AI Drafter workflow from input facts to final legal draft Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Try Now
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2014 (3) 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

....r the Appellant : Mr. Rajesh Garg, Advocate For the Respondent : Mr. Sukhdev Sharma, Advocate ORDER Ajay Kumar Mittal, J. C.M. No. 21613-CII of 2013 This is an application for condonation of 231 days' delay in filing the appeal. For the reasons mentioned in the application which is supported by an affidavit, the delay of 231 days in filing the appeal is condoned. CM stands....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ar cases? (iii) Whether the appellant has a prima facie case when the export documents were resumed by the Preventive staff during raid on the premises of the appellant? (iv) Whether the appellant has a prima facie case when the adjudicating authority passed order beyond the Show Cause Notice as the Show Cause Notice did not contain any allegation or discrepancy in the export documents? (v) ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of articles under headings 54, 61 and 62 of the First Schedule to the Central Excise Tariff Act, 1985. The appellant during the period from 13.3.2007 to 14.5.2007 cleared goods for export manufactured in their factory. A show cause notice dated 7.3.2008 (Annexure P-2) was issued by respondent No.2 proposing to demand duty of Rs. 1,26,05,140/-. The adjudicating authority vide exparte order dated 2.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f 75% amount of duty as directed by the Tribunal in the present case was unfair, unreasonable and excessive whereas on the earlier occasion against the liability of Rs. 70 lacs, only Rs. 10 lacs was required to be deposited. 4. On the other hand, learned counsel for the revenue supported the order passed by the Tribunal. 5. After hearing learned counsel for the parties, it is considered appr....