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2014 (9) TMI 190 - HC - Central ExciseWaiver of pre-deposit - Restriction of utilizing cenvat credit for default in making payment of duty of excise - recovery of duty with interest and penalty - defaulted payment was beyond a period of 30 days - Held that:- assessee has lost before the Commissioner (Appeals) during the first period from August, 2008 to March, 2009 and for the subsequent periods, the Commissioner (Appeals), taking note of the offer made by the assessee, was inclined to order pre-deposit of 50% of the duty confirmed. The learned Single Judge also confirmed the order of pre-deposit vide order [2013 (3) TMI 482 - MADRAS HIGH COURT]. The order passed by the Commissioner (Appeals) in Order-in-Appeal No.62/2013(M-IV), dated 20.2.2013, in respect of the first period is in favour of the Revenue. Therefore, balancing the interest of the Revenue and that of the assessee and taking note of the offer made by the assessee, interim order was passed by the Commissioner (Appeals) for the subsequent periods and the Tribunal also passed similar orders. We do not find any error in such exercise of discretion by the Tribunal. At this juncture, the learned counsel for the appellant pleaded that as a last chance one month's time may be granted for payment of the pre-deposit amount, as directed by the Tribunal. - time allowed - appeal restored before tribunal.
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