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2014 (3) TMI 880 - HC - Central ExciseWaiver of pre deposit - Whether in facts & circumstances of the present case the Appellate Tribunal is correct in directing the Appellant to deposit ₹ 40 lacs as a pre-condition to hear the matter on merits when the entire issue is covered by the ruling of coordinate bench in Appellant's own case for the previous period - Held that:- Appellant has been required to predeposit ₹ 40 lacs on demand of duty and penalty of ₹ 3 crores which is about 13.33% which cannot be said to be unreasonable. Even otherwise, from the argument of the learned counsel for the appellant, it would emerge that on combined liability of two periods of ₹ 8 crores, the appellant would be depositing ₹ 50 lacs only which cannot be held to be excessive in any manner. The quantum required to be pre-deposited would vary if the total demand increases - no substantial question of law arises - However, time period to make pre deposit extended - Decided partly in favour of assessee.
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