TMI Blog2012 (7) TMI 198X X X X Extracts X X X X X X X X Extracts X X X X ..... Sec.22 of the Sick Industrial Companies (Special Provisions) Act, 1985, protection thereunder not available to the assessee - the applicants are directed to deposit the credit of amount availed without any duty paying documents within a period of eight weeks - on deposit of the aforesaid amount, pre-deposit of the remaining amount of duty, interest and penalty is waived for hearing of the appeal. - E/1646/2011-Mum - M/328/2012/EB/C-II - Dated:- 13-4-2012 - S S Kang, Sahab Singh, JJ. For Appellant: Shri D R Gadekar, Adv. For Respondent: Shri V K Agarwal, Add.Commr.(AR) Per: S S Kang: Heard both sides. 2. The applicants filed the application for condoning the delay of 44 days in filing the appeal. In view of the reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the applicants' factory is closed, to safeguard the revenue interest, the applicants are directed to deposit the dues in dispute. 6. We find that the applicants availed credit of Rs.4362547/- without any duty paying documents and remaining credit on the strength of Xerox copies of invoices. In these circumstances, we find that it is not a case for total waiver of dues. We find that the Hon'ble Supreme Court in the case of Metal Box India Ltd. vs. 2003 (115) ELT 13 (S.C.) held that waiver of pre-deposit covered under Sec.35F of the Central Excise Act does not fall under any of the enumerated categories in Sec.22 of the Sick Industrial Companies (Special Provisions) Act, 1985, protection thereunder not available to the assessee. The Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anted to the industrial company. Payment of pre-deposit covered under Section 35F of the Central Excise Tax Act, 1944 does not fall under any of the above-mentioned categories in Section 22 of the Sick Industries Act; "4. We find no merit in the appeal. It is accordingly, dismissed but, in the circumstances of the case, without any order as to costs." 7. Keeping in view the facts and circumstances of the case and in view of the above decision of the Hon'ble Supreme Court, the applicants are directed to deposit an amount of Rs.43,62,574/- (Rupees Forty three lakhs sixty two thousand five hundred and seventy four only) as the credit of this amount has been availed without any duty paying documents within a period of eight weeks. On dep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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