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2009 (9) TMI 178 - BOMBAY HIGH COURTQuantum of pre-deposit - Tribunal dismissed the appeal for failure to comply with the order of pre-deposit - if the judgment in Commissioner of Central Excise, Delhi v. Carrier Aircon Ltdis considered the petitioner herein may be entitled to Modvat credit on chillers – Appellant has taken us through the profit and loss account for the year ended 31st March, 2008 which shows that the sale and other income were about Rs. 19.5 lacs and for the previous year Rs. 17.65 lacs. - Considering that the petitioners have made out a case and the hardship that will be occasioned to the petitioners if the Appeal is dismissed without the appeal being heard on merits the ends of justice would be met if the order of dismissal is set aside and the order of pre-deposit is varied to the extent that the petitioners to deposit a sum of Rs. 15.00 lacs - Tribunal to hear the appeal on merits
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