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2012 (4) TMI 541 - HC - Central ExciseWaiver of pre deposit - Non complaince of pre deposit - Held that:- Tribunal directed the Petitioner-Company to make a pre-deposit of 25% of the amount of duty confirmed within a period of 8 (Eight) weeks and report compliance on 19th April, 2012. It is not understood on what basis the Petitioner-Company was directed to pre-deposit 25% of the amount of duty, if the learned Tribunal could not arrive at any definite finding with regard to its financial condition, in the absence of I.T. Returns, Balance-sheet and other relevant records. Moreover, having recorded the submission that the factory had been closed since 2003 it is difficult to appreciate how the learned Tribunal could have directed pre-deposit of 25% and in absence of any specific finding that the submission of closure was not correct. The impugned order cannot be sustained and the same is set aside and quashed - Decided in favour of assessee.
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