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2020 (8) TMI 299 - HC - CustomsRequirement to make pre-deposit - undue hardship in making payment - appellant contends that there has been no production, and that there are various liabilities on the appellant - HELD THAT:- The non-functioning of the assessee is undisputed. The material on record would indicate that the appellant has also sustained various other losses - We do not intend to go into the merits of the Appeal, since the same is within the jurisdiction of the Tribunal. Suffice to hold that, on the basis of the contentions advanced and the facts stated, we are of the view that it would cause undue hardship if the appellant is directed to make the pre-deposit. Therefore, the same constitutes a hardship to the appellant. The impugned order passed by the CESTAT, New Delhi is modified. The payment of ₹ 40,00,000/-, as demanded by the learned Tribunal, is reduced to a sum of ₹ 5,00,000/-. The appellant to pay a sum of ₹ 5,00,000/- within a period of five months from today with the respondent - Appeal disposed off.
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