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2014 (9) TMI 666 - HC - Central ExciseWaiver of pre deposit - Whether the Hon'ble CESTAT erred in granting waiver of pre-deposit of assessed demand in favour of the respondents during pendency of the appeal thereby extending the period of stay beyond 365 days ignoring the recent amendment to section 35-C of the Central Excise Act, 1944, made through enactment of Finance Bill, 2013 - Held that:- Tribunal has noted that a waiver of pre-deposit and unconditional stay on the realisation of the adjudicated liability was granted by the Tribunal since a prima facie case was found in favour of the assessee. The Tribunal has also observed that the appeal has not been disposed of only on account of the pendency of several older appeals and not on account of any delay on the part of the assessee - the ends of justice would be met if the Tribunal is requested to dispose of the appeal expeditiously and preferably within a period of six months. The waiver of pre-deposit will continue to remain valid for a period of six months - Decided partly in favour of Revenue.
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