CLUTCH AUTO LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) The applicant filed this application for waiver of pre -deposit of duty of Rs. 1,91,184/ - and penalty of Rs. 50,000/ -. In the impugned order, duty is demanded on the ground that the applicant had not followed the procedure as laid down under Rule 57Q of Central Excise.

(2.) Heard both sides. The contention of the applicant is that is technical lapse on part of supplier of the goods. The name of the company is not mentioned in the invoice from whom the applicant arranged finance.

(3.) The contention of the Revenue is that the procedure provided under Rule 57Q of Central Excise Rules was not followed by the applicant. The case is arguable. It is not a fit case for waiver of pre -deposit of total amount of duty and penalty. Taking into consideration the facts and circumstances of the case, the applicant is directed to deposit a sum of Rs. 50,000/ - within a period of 4 weeks. On deposit of Rs. 50,000/ -, the deposit of remaining amount of duty and whole of penalty is waived for hearing of the appeal. To come up for reporting compliance on 16th July 2001.