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2014 (5) TMI 871 - HC - Central ExciseWaiver of pre deposit - CENVAT Credit - services availed at the retail stores, outward freight, membership fees and sales commission - Whether in facts & circumstances of present case impugned stay order dated April 21, 2014 passed by the CESTAT directing the Appellants to deposit ₹ 40 lakhs with interest as a condition precedent for hearing the Appeal is correct in law inasmuch as Appellants have demonstrated strong prima-facie case & thus made out a case for complete waiver of pre-deposit of duty, interest & penalty - Held that:- It will not be appropriate to examine the dispute on merits since any observation made by the Court would prejudice the case of either of the parties in the pending appeal. Suffice it to state that the Appellate Tribunal, on a prima facie analysis, has granted waiver of pre-deposit on deposit of ₹ 40 lacs together with proportionate interest which amount has been directed to be deposited within six weeks from the date of the order. The issue of financial hardship has not been raised before us and nor does it appear to have been raised before the Appellate Tribunal - No substantial question of law arises - Decided against assessee.
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