KAYBEE ELECTRICALS Vs. CCE, DELHI

JUDGEMENT

(1.) IN this application, the appellants have prayed for waiver of pre -deposit of amount of penalty of Rs.70,000/ - imposed by the lower authorities under the provisions of Rules9(2), 173, 173 -Q and 226 of the Central Excise Rules.

(2.) EXAMINED the records and heard both sides.

(3.) LD . Advocate, Sh. R.K. Goel for the applicants submits that the entire amount of duty demanded in the show -cause notice had duly been paid well before the issue of the notice and that the huge penalty of Rs.70,000/ - has been imposed on the applicants though there was no allegation in the show -cause notice that the party had indulged in clandestine removal of goods etc. He further submits that there is no categorical finding that the applicants had contravened the provisions of the aforesaid rules warranting imposition of penalty as above. Ld. Counsel, therefore, prays for complete waiver of pre -deposit and stay of recovery, pending the appeal.