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2011 (7) TMI 868 - HC - Central ExciseWaiver of pre-deposit - Application for stay - primary contention is that the CESTAT, while granting conditional waiver of pre-deposit, did not take into consideration the financial hardship of the Appellant - the twin requirements which Section 35-F of the Act requires the CESTAT to consider are the financial hardship of the Appellant, and the manner in which the interest of revenue is to be protected - While Section 35-G of the Act requires the CESTAT to consider, and form an opinion, whether deposit of duty demanded or penalty levied would cause undue hardship to the Appellant, it does not mandate the CESTAT to waive pre-deposit in every case of undue hardship While Section 35-G of the Act requires the CESTAT to consider, and form an opinion, whether deposit of duty demanded or penalty levied would cause undue hardship to the Appellant, it does not mandate the CESTAT to waive pre-deposit in every case of undue hardship - The order, requiring the Appellant to deposit ₹ 2 Crores, which is less than 15 per cent of the tax and penalty demanded of nearly ₹ 14 Crores, cannot be said to be a patently illegal exercise of discretion by the CESTAT - Appeal is dismissed
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