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2019 (11) TMI 1089 - DELHI HIGH COURTCompliance with the pre-deposit - time limit for making pre-deposit - HELD THAT:- Nothing has been pointed out in this application by way of any annexure to show the financial difficulty of the petitioner to pay the aforesaid pre-deposit amount. No Balance Sheet, Financial Statement has been annexed with the application. Bare assertion has been made that there is a financial difficulty to pay the aforesaid pre-deposit amount. It ought to be kept in mind that after the amendment brought in Section 35F of the Central Excise Act, 1944, the statute has already waived 92.5% of the demand of the tax and the penalty. Thus, after the said amendment there is no question whatsoever arises of preferring “waiver application” to deposit the pre-deposit amount @ 7.5% of the total amount of duty - In fact, the waiver applications were generating more litigation and therefore, the amendment has been brought into force so as to reduce or curtail the discretionary power vested with the CESTAT. Moreover, validity of this Section has also been upheld. Application dismissed.
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