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2018 (5) TMI 1563 - HC - Central ExcisePre-deposit under amended Section 35F of Central Excise Act, 1944 - Area Based Exemption - commencement of Commercial production - case pf petitioner is that appeal of the petitioner should be admitted for consideration and heard, without insisting on pre-deposit in view of the earlier orders passed by the Tribunal which have attained finality, upholding stand and stance of the petitioner on claim of exemption under notification dated 10th June, 2003. Held that: - we are inclined to accept the prayer made by the petitioner. The petitioner has already succeeded before the Tribunal on the question of grant of exemption under notification dated 10th June, 2003 in other connected appeals. The said order of the Tribunal has attained finality as no appeal has been preferred by the Revenue before the Supreme Court. Pre-deposit in these circumstances would be a technicality and mere formality for the issue is settled by an earlier order in favour of the petitioner - further, the petitioner has expressed and shown financial hardship and distress by referring to balance sheet and profit and loss account for the year ending 31st March, 2017, which reflects accumulated losses of over ₹ 59,918,456.93. Tribunal will admit and hear the appeal preferred by the petitioner without insisting on pre-deposit of 7.5% of the tax and penalty - petition disposed off.
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