V.P. INDUSTRIES Vs. COMMISSIONER OF CENTRAL EXCISE,

JUDGEMENT

(1.) The applicant filed this application for waiver of pre -deposit of Rs.20,000/ - penalty imposed under Rule 173Q of Central Excise Rules.

(2.) Learned Counsel appearing on behalf of the applicants submits that the Commissioner (Appeals) in the impugned order held that the applicants had failed to make account for the goods manufactured by them in the statutory record. He suibmits that the applicants in view of this finding are at the most liable under Rule 226 of Central Excise Rules. For this, he relies upon the decision of the Tribunal in the case of Bhillai Conductors (P) Ltd. Vs. C.C.E., Raipur, reported in 2000 (91) ECR 569 (Tribunal). He, therefore, submits that the pre -deposit of penalty is waived for hearing of the appeal.

(3.) Heard learned JDR. The case of the applicant is arguable. It is to be seen from the evidence produced by the appellants that whether there was any (sic) the goods in the statutory record. Prima facie, in view of the above decision of the Tribunal it is not a fit case for total waiver of penalty. The applicants are directed to deposit a sum of Rs.2,000/ - within a period of three weeks. On deposit of Rs.2,000/ - the deposit of remaining amount of penalty is dwaived. To come up for reporting compliance on 25.5.2001.