KISHOR PUMPS LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) Heard both sides. The request is to waive the pre -deposit of duty and penalty.

(2.) Since the export is against a bond executed by the merchant -manufacturer, executed before the Maritime Collector, the merchant -exporter is accountable to the Maritime Collector and not the appellants. Prime facie the appellants have a strong case. Hence, the pre -deposit of the entire amount of duty and penalty is waived and their recoveries stayed till the disposal of appeal.

(3.) Post for regular hearing on 22 -4 -2004.