M/S Balaji Exports v. Commissioner of Central Excise (Adjudication)

ORDER %

02.07.2013 CM No.8615/2013(exemDtion) in CUS.A.C. 12/2013 CM No.8616/2013fexemptioii) in CUS.A.C. 13/2013 Thesetwo appealsunder Section130 ofthe CustomsAct, 1962 (Act, for short) are directed against the order dated 8.4.2013 passed by the Customs, Excise and Service Tax Appellate Tribunal disposing of applicationsfor waiverofpre-depositunderSection129(E)ofthe Act. Learnedcounselfor the appellantafter some hearingsubmitsthat the appellantwouldbe satisfiedifextensionoftime is grantedto make payment ofthe balanceamountof Rs.35,00,000/-.It is pointedout that the appellant has paid an amountofRs.52,05,000/-and has furnishedbank guaranteesto Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. the extent of Rs.16,45,000/-, out of which one banlc guarantee of Rs.11,00,000/- has already been encashed. Advancecopy of the appealshave been servedon the counselfor the respondentbutthere is no appearanceon theirbehalf. The mattersv/ere also passedoverfor the appearancefor the counselfor the respondent. Keeping in view the nature of the request made, we think it appropriate to extend the time to make payment of balance amount of Rs.35,00,000/-within a period of three months in three equal mstalments. The first instalmentwill be paid on or before 2.8.2013. Second instalment will be paidon or before2.9.2013and the thirdinstalmentwill be paid on or before 1.10.2013. The appeal is, accordingly,disposedof. Dasti. JULY 02,2013/Sv I SANJIV KHANNA, J SANJEEV SACHDEVA, J •II' Afterthe aforesaidorderwas passed,Mr. ZafarMoonis,Advocatehas appeared on behalfof the respondentand states that he was held up in anothercourt and, therefore,could not appear. He has been apprisedot the orderpassed. ^ ' \[ ^ SANJIV KHANNA, J SANJEEV SACHDEVA, J JULY 02, 2013/Sv

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CUS.A.C. 12/2013' M/S RAJITAHERBALSPVT. LTD. Petitioner Through: Dr. PrabhatKumar,Advocate versus COMMISSIONEROF CENTRALEXCISE(ADJUDICATION) Respondent Through: None. + CUS.A.C. 13/2013 M/S BALAJI EXPORTS Petitioner Through: Dr. PrabhatKumar,Advocate versus COMMISSIONEROF CENTRALEXCISE(ADJUDICATION) Respondent Through: None. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA