2015 (2) TMI 37

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....uty of Rs. 46,09,799/-, interest and penalty of Rs. 40 lakhs. The other applicant M/s. Kinnera Steels Pvt. Ltd. (hereinafter referred to as KSPL) has filed application for waiver of predeposit of penalty of Rs. 5 lakhs. 3. M/s. SSPL are engaged in the manufacture of ingots and M/s. KSPL are engaged in the manufacture of MS bars. Both the units are adjoining to each other and there is a common passage between both the units. The case of the Revenue is that during the period 19/03/1988 to 31/03/1990, M/s. SSPL suppressed the production of ingots to the extent of 4096.54 MTs involving duty of Rs. 18,75,154/- and during the period from 01/04/1990 to 05/03/1992, M/s. SSPL suppressed the production of 4257.773 MTs of MS ingots involving duty o....

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....ster is not sustainable. 5. The applicant also pleaded financial hardship as both the units are closed and any deposit of this amount will cause undue hardship. 6. Revenue relied upon the findings of the lower authority and submitted that in the private heat register on 01/05/1989, out of three heats 129 ingots were manufactured whereas in the official heat register the number of ingots is shown as 107 and to reject as shown. There is no explanation for 18 number of ingots. The contention is that there is no explanation regarding the excess production of ingots shown in the private heat register. Similarly the learned AR pointed out that even the number of heat is suppressed in the official heat register. On 04/05/1989, as per the pri....