Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2014 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (5) TMI 830 - HC - Central ExciseWaiver of pre deposit - Undue hardship - Held that:- adjudicating authority has in its order confirmed duty demands totalling into Rs. 27,59,95,034/-. Such order of the adjudicating authority is in appeal before the Tribunal. Various issues have been raised before the Tribunal. Pending the appeal, some of these issues were considered for the purpose of examining whether the petitioners have made out a strong prima facie case as to waive the entire pre-deposit. - before the Tribunal, petitioner has not been able to show any case of financia1 hardship as to waive the entire pre-deposit requirement. Tribunal otherwise also noted that financial condition of the petitioner cannot be stated to be such as would permit waiver of the entire pre-deposit unconditionally. Before us, also no submissions were made on behalf of the petitioner to contend that looked from the financial angle, the conditions imposed by the Tribunal are unjust and not possible for the petitioners to weigh Insofar as the question of extended period of limitation and penalties are concerned, petitioners have made out a strong prima facie case. It may be that the petitioners were required to pay certain excise duty which according to the Department was payable but not paid. That by itself would not ipso-facto amount to any fraud, collusion or any wilful misstatement or suppressing of fact with a view to evading payment of duty. - Pre deposit order modified to the extent of reduction in amount - Decided partly in favour of assessee.
|