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2008 (7) TMI 369 - HC - Central ExciseStay Application – Order of Tribunal - if it could be perceived that there is a conflict between two decisions of the Apex Court, the view expressed in the later decision must prevail, more so when the same directly deals with the issue - In the circumstances, the contention of the learned Counsel for the petitioner that by dint of the fact that the petitioner is registered as a sick unit with the BIFR, the petitioner is entitled to full waiver of the amount of pre-deposit, does not merit acceptance - While considering an application under section 35F of the Act, the Tribunal is required to keep in mind twin requirements viz, undue hardship to the applicant and imposition of conditions to safeguard the interest of Revenue. On the facts of the present case, it is apparent that the Tribunal has considered both the aforesaid aspects while directing the petitioner to deposit a sum of Rs. 4 crores – order of the tribunal upheld.
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