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K.Ravichandren   10 August 2008 at 11:19

Posting it again for your suggestions. what is the next step after the appeal dismissed by the Central excise Tribunal?


In an appeal the Central excise Tribunal dismissed the appeal on the basis of no compliance of its interim order(stay order and to deposit Rs.8,00,000) within the stipulated time. Now what is the next step i should adopt?
For your nutshell the case is:-
Being a job worker i undertake orders from a company. I undertake only a small works of the total finished product. I am clearing assemblies upon payment of excise duty including value of the inputs put by me and in my cost. The company concerned sends me some free inputs for the assembly and i am neither accounting nor taking credit on that and the value of such free inputs or not included on the service charges. The excise authorities sent show cause notice to me mentioning that during the past two years i havenot included the free inputs and demanded excise duty of Rs.15,00,000/- and the penalty of Rs.15,50,000/- under sec 11A(2)CEA, read with Rule 6 of Central Excise Valuation Rules 2000 and for penalties sec 11AB, Sec. 11AC ibid under rule 25 od CE rules 2002. Agreived against i preferred appeal to the Commissinerand they reduced the Penalty to 8,00,000/- and confirmed the rest of the order. Again I preferred appeal in the Tribunal and obtained stay for the operation of the lower order with a direction of depositing Rs.8,00,000/- with in a short period of time and since i could not mobilise i sought further time and even after that time i could not deposit the money and hence my appeal is dismissed. I am financially in a bad position and my other properties are in the bank for loans and the factory concerned also could not run for the past one year. I even though of filing insolvency petition.
This is my position now. Kindly advise me whether i can appeal to another forum - High Court?. Is it possible can i give insolvency for this Central Excise propblem while my properties are in the banks and case is pending in DRT and the bank has right for the first charge over the properties.? Your valuable advice sought

R.Rajendran   10 August 2008 at 09:14

RELEASE DEED-Reg.

We are 4 brothers and 5 sisters.Our parents are not alive.We want to sell our old house which is in our mother's name.Our sisters are ready to execute a release-deed after getting Rs 50000 each.
I will be thankful if the following queries are replied:
1)Should the release-deed be written on a stamped paper? If so, what is the value of the stamped paper? The value of the house to be sold is Rs. 17 lakhs.
2)Should the release-deed be registered in the Registrar's Office?

R.Rajendran

Sanjeev Mohan   10 August 2008 at 06:27

Evidence relating to marking of document

Sir,
here the question involved is the admissibility of a digital photograph. whether the C.D produced along with the Photo be treated as Primary evidence? Please refer sitations (AIR,SCC)

Srinivas.B.S.S.T   09 August 2008 at 23:50

CONTENTS OF AFFIDAVIT

In an appeal where there are 26 appellants and sole respondent. The sole respondent died. One of the appellants filed petitions under or22 rl4, or22 rl9 and section5 of limitation act to condone the delay. In all the affidavits accompanying with respective petitions, she sworn the affidavits but it was no where mentioned that she is also swearing the affidavit on behalf of the rest of the petitioners/appellants. Can we say that as she has not sworn the affidavit on behalf of rest of the petitioners/appellants the same is not maintainable? Can I have any citation if possible.

M.A.T.Ganesan   09 August 2008 at 23:18

divorce in Hindu Marriage Act

irretrivable marriage, is it a ground under the Act?

Kamlesh soni   09 August 2008 at 23:02

About L.A.R.

Sir I am new in the field of advocate. i want to know how to involve this field? how's the future in particular L.A.R. cases. Where I can work? how?please give the full details regarding this topic.

sathibabu   09 August 2008 at 20:27

disput on a common wall

Sir, We have a G+2floor building. It was constructed by father in law. There is a common wall between us and my neighbour Which is the main wall for my building. Now our neighbour wants to remodel his house. He wants to dig his part of the wall which will cause lot of damage to us. It was build nearly 30 yrs ago. we can not remove our building. He uses all his name and fame to do this. So, How to proceed in this matter?

Gururja Rao   09 August 2008 at 20:20

House Rent agreement termination notice U/sec 106 of Transfer of Property Act

Hi all,
I need a legally valid draft House rent agreement tremination notice u/sec 106 of T.P. Act, Can any body provide it. The tenent premises is at Hyderabad, A.P, and the monthly Rent payable by him is Rs 4000/- Per month. The premises under occupation of tenent need to land lord for his personal requirement, further land lord is also resident of Hyderabad,A.P.
Please help me it is Urgent.
Thank you both sir, The Tenancy was oral. at the time of inception of tenancy the teneant paid Rs2,800/-PM,which is excluding electricity and water charges, every year the tenacy was extended orally.please advise me in the said circumstances can i issue him notice terminating his tenancy u/sec 106 of T.P.Act,if you think I can kindly provide me a draft notice, awaiting eagerly.

Shekhar   09 August 2008 at 18:15

Retraction from the statement!

If the complaint and her counsel has made the statement in lower court stating that" all the matters have been settled b/w the parties as a full and final settlelment" then in that case : can complaint retract against her own statement which was confronted before the lower court?... pls. advise

Sanjay. Tezad   09 August 2008 at 18:08

Indian Registration Act 1908

Hello Friends; I want to know that whether as per section 33 of the indian registration act 1908 whether Attorney excuted before the magistrate (Thasildar) is empowered for the registration purpose.