Decided on May 28,1986



S.K. Bhatnagar, Member (T) - (1.)THIS is a Stay Application filed by the applicant on 5th February, 1985 in the matter of Appeal No. C-26/85-Cal, in which the applicant has prayed that the requirement of pre-deposit of the amount of penalty may be waived. Hearings were held in this connection on 8-8-1985 and 20-9-1985. On 20-9-1985, Shri Bagaria for the applicant submitted that he has filed a supplementary petition showing the financial condition of the applicant.
He further submitted that :-

(a) the applicant had closed down the business on and from 1-7-1983;

(b) this apart, the Customs had seized leather and leather goods worth, according to their own seizure report, Rs. 1,40,000/-, approximately, in June, 1983 and till now the attachment order had not been vacated nor was there any notice to show cause or adjudication proceedings commenced in respect of the aforesaid goods;

(c) the financial situation of the applicant as per figures made upto July 31st, 1985 is none too good. They have got to pay the banks about Rs. 12,24,1207- as well as tax authority in a sum of Rs. 52.320/-;

(d) in the condition in which the applicant is situated, a deposit of Rs. 1,00,000/- required to be made towards penalty in terms of the order-in-appeal would cause undue hardship if insisted upon;

He, therefore, prayed that the requirement of deposit in terms of Section 129E of the Customs Act, 1962, may be dispensed with subject to his. furnishing bank guarantee, if so required, in a sum not exceeding Rs. 10,000/-.

(2.)Shri Chatterjee, the learned JDR submitted that he has got to verify some of the factual averments made in the supplementary petition in particular, the allegation in relation to the attachment of leather goods in a value of Rs. 1,40,000/- and the subsistence of the said attachment order till now and he prayed for 10 days' time to make such verification and file an affidavit, if necessary, in regard thereto.
Shri Bagaria, the learned counsel had no objection to the grant of time.

(3.)ON 3-10-1985, Shri Chatterjee, the learned JDR, submitted inter alia, that in respect of the goods valued at Rs. 1,40,000/- under seizure by Customs, a show cause memo has already been issued and, therefore, it was his submission that these goods are subject matter of a separate proceeding and should not be taken into account during these proceedings. While he has not filed any affidavit in this regard he has made the submissions after due enquiry from the Department.

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