TMI Blog2011 (7) TMI 884X X X X Extracts X X X X X X X X Extracts X X X X ..... f law has been raised by the appellant and that the CESTAT has not committed any error in directing the appellant to deposit a part of the duty and penalty - Appeal is allowed - First Appeal No. 706 of 2011 Civil Aplln. No. 5013 of 2011 - - - Dated:- 20-7-2011 - Nishita Mhatre, M.T. Joshi, JJ. S.M. Godsay, Adv., i/by S.C. Sarda, Adv., for the Appellant Alok Sharma, Asstt. Solicitor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions of the CESTAT, wherein,the CESTAT has granted full waiver of the deposit, as an interim relief, where the facts are similar to the present case. These decisions have been rendered in Nasik Strips Pvt. Ltd. vs. Commissioner of Central Excise, Nasik, reported in 2011 (263) E.L.T. 606 and Mithulal Gupta Bhavshakti Steelmines Pvt. Ltd. vs. Commissioner of Central Excise and Customs, Nashi, [Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent who has submitted that no substantial question of law has been raised by the appellant and that the CESTAT has not committed any error in directing the appellant to deposit a part of the duty and penalty. 5. In our view, the matter deserves to be remanded to the Tribunal, as the Tribunal should take a consistent view regarding pre deposit when the facts and circumstances in the matters b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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