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HIGH COURT OF DELHI
CUS.A.C. 12/2013'
M/S RAJITA HERBALS PVT. LTD. Petitioner
Through: Dr. Prabhat Kumar, Advocate
CUS.A.C. 12/2013'
M/S RAJITA HERBALS PVT. LTD. Petitioner
Through: Dr. Prabhat Kumar, Advocate
VERSUS
COMMISSIONER OF CENTRAL EXCISE (ADJUDICATION)
Respondent
Through: None.
Respondent
Through: None.
CUS.A.C. 13/2013
M/S BALAJI EXPORTS Petitioner
Through: Dr. Prabhat Kumar, Advocate
M/S BALAJI EXPORTS Petitioner
Through: Dr. Prabhat Kumar, Advocate
VERSUS
COMMISSIONER OF CENTRAL EXCISE (ADJUDICATION)
Respondent
Through: None.
Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
02.07.2013 CM No.8615/2013(exemDtion) in CUS.A.C. 12/2013
CM No.8616/2013fexemptioii) in CUS.A.C. 13/2013
These two appeals under Section 130 ofthe Customs Act, 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 applications for waiver ofpre-deposit under Section 129(E) ofthe Act.
Learned counsel for the appellant after some hearing submits that the appellant would be satisfied ifextension oftime is granted to make payment ofthe balance amount of Rs.35,00,000/-. It is pointed out that the appellant has paid an amount ofRs.52,05,000/- and has furnished bank guarantees to
2013:DHC:6744-DB the extent of Rs.16,45,000/-, out of which one banlc guarantee of
Rs.11,00,000/- has already been encashed.
Advance copy ofthe appeals have been served on the counsel for the respondent but there is no appearance on their behalf. The matters v/ere also passed over for the appearance for the counsel for 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 instalment will be paid on or before 2.8.2013. Second instalment will be paid on or before 2.9.2013 and the third instalment will be paid on or before 1.10.2013.
The appeal is, accordingly, disposed of.
Dasti.
JULY 02,2013/Sv I SANJIV KHANNA, J SANJEEV SACHDEVA, J
•II'
After the aforesaid order was passed, Mr. Zafar Moonis, Advocate has appeared on behalf of the respondent and states that he was held up in another court and, therefore, could not appear. He has been apprised ot the orderpassed. ^ ' \[ ^
SANJIV KHANNA, J SANJEEV SACHDEVA, J JULY 02, 2013
2013:DHC:6744-DB
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
02.07.2013 CM No.8615/2013(exemDtion) in CUS.A.C. 12/2013
CM No.8616/2013fexemptioii) in CUS.A.C. 13/2013
These two appeals under Section 130 ofthe Customs Act, 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 applications for waiver ofpre-deposit under Section 129(E) ofthe Act.
Learned counsel for the appellant after some hearing submits that the appellant would be satisfied ifextension oftime is granted to make payment ofthe balance amount of Rs.35,00,000/-. It is pointed out that the appellant has paid an amount ofRs.52,05,000/- and has furnished bank guarantees to
2013:DHC:6744-DB the extent of Rs.16,45,000/-, out of which one banlc guarantee of
Rs.11,00,000/- has already been encashed.
Advance copy ofthe appeals have been served on the counsel for the respondent but there is no appearance on their behalf. The matters v/ere also passed over for the appearance for the counsel for 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 instalment will be paid on or before 2.8.2013. Second instalment will be paid on or before 2.9.2013 and the third instalment will be paid on or before 1.10.2013.
The appeal is, accordingly, disposed of.
Dasti.
JULY 02,2013/Sv I SANJIV KHANNA, J SANJEEV SACHDEVA, J
•II'
After the aforesaid order was passed, Mr. Zafar Moonis, Advocate has appeared on behalf of the respondent and states that he was held up in another court and, therefore, could not appear. He has been apprised ot the orderpassed. ^ ' \[ ^
SANJIV KHANNA, J SANJEEV SACHDEVA, J JULY 02, 2013
2013:DHC:6744-DB
JUDGMENT