JAYAKRISHNA ALUMINIUM CO. Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THESE two miscellaneous applications have been filed seeking for modification of the earlier Stay Order 314 to 316/98 dt 4.5.98 which modified the earlier Stay Order Nos. 20 to 24/98 dt. 13.1.98 by which the appellant had been directed to fully deposit an amount of Rs. 40,93,728, i.e. the full amount of duty the appellants themselves have conceded as dues to the Revenue in the matter. The appellants had merely requested the Bench to grant them instalments to deposit the amount commencing from 2/98 for the first six months @ Rs. 6.00 lakhs every month and the balance in the 7th instalment. In the stay order it was recorded that on compliance with the stay order, there will be waiver of pre -deposit and stay of the recovery of the redemption fine and penalties on the appellants company and the Managing Director.

(2.) THE appellants had partially complied with stay order and thereafter moved an application for modification of the stay order. The said application was considered again by Stay Order Nos. 314 to 316/98 dated 4.5.98. The alternative prayer was for extension of time and depositing the balance amount and the same was considered and they were directed to pre -deposit the balance amount of Rs. 26,93,728 in instalments of Rs. 4 lakhs per month and the balance amount in the 7th month. They were directed to begin the first instalment by 12th May 98. The appellants again moved the Tribunal for grant of extension of time as they had defaulted in depositing the amount. By Miscellaneous Order No. 330/98 dated 22.6.98, the delay in depositing the first three instalments was condoned and they were directed to deposit the balance amount in instalments as per the modification order passed. Appellants have thereafter deposited only Rs. 3 lakhs under the KVS Scheme and not in terms of the stay order passed by the Tribunal and the total amount deposited is only Rs. 29 lakhs including three lakhs deposited under the KVS Scheme. The appellants are still to deposit Rs. 11,93,728.

(3.) BY these applications, they have contended that they are not in a position to deposit any further sum due to financial hardship and that their production activity has come to a standstill for the past three months for want of raw materials and other inputs required for production. For various other reasons they pray that the amount paid under KVS Scheme may also be accepted as deposit made towards the stay order and the balance amount be waived and the appeals taken up for hearing.