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2012 (10) TMI 344 - HC - Central ExciseWaiver application u/ 35F - Pre deposit - area based exemption - commencement of production after 7-1-2003 - Held that:- As the appellant would not be entitled to any interim relief as penalty amounts have already been waived by the Tribunal. Balancing the equities between the parties and keeping in view that the appellant has not passed on the burden to the consumer and has not realised excise duty from the consumers, as also that the appellant has stated on affidavit that it is in great financial hardship and if the appellant is required to deposit to the amount it would cause undue hardship even to the extent of closing down the industry and also keeping in view that the matter is under active consideration of the Apex Court in the case of Union of India vs. West Coast Paper Mills Ltd.[2004 (2) TMI 344 - SUPREME COURT OF INDIA], the appeal of the appellant before the Tribunal may be heard, provided the appellant deposits 50 percent of the imposed excise duty with the AO within eight weeks from Order and furnishes security, which may be other than cash or bank guarantee, for the balance amount before the Assessing Officer within the same period.
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