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2012 (10) TMI 235 - HC - CustomsWhether the Tribunal should have permitted waiver of 100% of the pre-deposit amount as the appellant was a public sector undertaking – Held that:- Pre-deposit is the rule and waiver is an exception and having regard to the financial ability and undue hardship to be caused to the appellant and not otherwise - appellant is a public sector undertaking and very solvent. If it is so, nothing wrong in depositing amount as is indicated by the Tribunal - Even otherwise when the Tribunal has examined the matter and has exercised its discretion in favour of the assessee to dispense with the requirement of deposit in respect of a part of the amount, we do not find any occasion at all to set aside or in anyway modify that order in an appeal under Section 130 of the Act - appeal is dismissed.
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