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2014 (12) TMI 447 - CESTAT BANGALOREWaiver of pre deposit - company has become a sick company and has been referred to BIFR - Whether the appellant is eligible for deducting the secondary packing charges of about 20 paise per kg of yarn - Held that:- Appellant has been referred to BIFR, if we grant stay, even the BIFR will not take that amount into consideration while deciding the matter before them. Therefore in undeserving cases and in the case of a liability which has already crystallized and in the case where an assessee does not have a prima facie case at all, it may not be appropriate to grant stay on the ground that the matter is before BIFR. In any case assets cannot be disposed of by the Revenue also and they also have to go before BIFR (as per our understanding), no harm or damage would be caused or no undue hardship would be caused to the appellant if we do not grant stay. appellant is directed to deposit the duty amount in its entirety within eight weeks - stay denied.
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