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2008 (10) TMI 244 - HC - Central ExciseStay/Dispensation of pre-deposit - Undue hardship - Maintainability of Writ Petition - Held that:- In the petition filed before the tribunal seeking to dispense with the pre-deposit, the petitioner has not made out any case to establish undue hardship to him. However, the tribunal has taken a very lenient view to dispense with 50% of the amount demanded. Thus find no reason to interfere with the order impugned. On this ground alone the writ petition is liable to be dismissed. Regarding maintainability of the writ petition, as pointed out by the Assistant Solicitor General, any order made under Section 35F is appealable which includes an order refusing to dispense with pre-deposit. But the petitioner has not chosen to prefer any appeal and on this ground also the writ petition is liable to be dismissed.
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