Query on prosecution

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

09 November 2012 Department of excise had conducted raid on the office and factory premises of my client in 2000-01 and after that passed the order in 2006 for duty evasion of rs. 137 crores and equal amt. of penalty i.e. rs. 137 crores u/s 11AC. my client had taken stay order(2nd stay order) from cestat in april 2007 against the order of comm. for non payment of duty and penalty.final hearing of the said case was scheduled on 5/11/2012 and after the hearing the next date of hearing given by cestat is 31/1/2013.
for the said case commissioner of CE had filed prosecution case in the court of cjm custom,xxx on against the company, MD and other senior management personnel for which my client has taken stay order from the high court in march 2010. the case for vacation of stay are scheduled for final hearing on 6/11/12. for which my client taken next date for hearing which will be scheduled on 22/11/12.
Now my query is that what are the remedies we have from which my client has been saved from the prosecution.
plz reply
thanks in advance

U S Sharma

U S Sharma (Expert)
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10 November 2012 you need a senior councell to read the case 1st then proceed.

stay and advance bail is not the solution, but the grounds on which the case was framed is important, and i think under the supervision of a senior councell he will guide you to quash the case/ reduce the liability.

if the duty is paid on 1st order from CESTAT then the penalty may be reduced / weived against a prayer to cestat. but unless the facts are in hand of any councell, any comment primafacie is not possible.

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