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2012 (1) TMI 112 - CESTAT AHMEDABADWaiver of pre deposit - Defaulter company tranferred to assessee by M/s. Gujarat Industrial Investment Corporation Limited – Department directed petitioner to clear outstanding excise dues of defaulter company - Held that:- there is need to examine the terms of the contract, conditions of sale, decisions relied upon by the appellant in the light of statutory provisions in the Central Excise Act relating to recovery, which requires detailed hearing and since the issue involved is legal and prima-facie the issue seems to be covered by the decisions of the Hon’ble High Court of Punjab & Haryana in the case of T.C. Spinners Pvt. Limited [2008 (9) TMI 475 - PUNJAB AND HARYANA HIGH COURT] - I consider it appropriate that the requirement of pre-deposit is to be waived and stay has to be granted against recovery during the pendency of appeal in this case - Stay granted.
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