9911796707
TMI Blog2014 (2) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... um of Rs.3,12,500/out of a penalty imposed of Rs.12.50 lakhs for the purposes of entertaining the petitioner's appeal on merits from the order dated 31 December 2012 of the Commissioner of Central Excise. 2 Normally, we would have directed the petitioner to file a statutory appeal as provided under the Central Excise Act, 1944 from the orders of the Tribunal. However in view of the peculiar facts of this case, namely the impugned order being passed without having heard the petitioner and also in view of the grave financial difficulties/hardship being pleaded by the petitioner as supported by its income tax returns for the Assessment Year 201314, we are exercising our extra ordinary jurisdiction in the peculiar facts of the case. 3 The Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as not been considered by the Tribunal. Moreover, attention was also drawn to the income tax returns for the last three years which shows gross income varying from Rs.16,000/to Rs.34,000/. In the above circumstances, it is submitted that the complete waiver be granted and the Tribunal be directed to hear the petitioner on merits. It is also contended that the petitioner's had sought adjournment only once and not on four occasion as recorded in the impugned order dated 11 November, 2013. 7 On the other hand Mr. Jetly, learned Counsel appearing for the revenue submits that the impugned order dated 11 November 2013 called for no interference. Besides the petitioner had on earlier occasions sought adjournments and therefore the Tribunal was ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heard on its stay application and particularly with regard to his submission of financial difficulties/ hardship before an order is passed on his application seeking dispensation with predeposit of Rs.12.50 lakhs. 9 In view of the above, we dispose of this petition by passing the following order: (i) The impugned order dated 11 November 2013 is set aside; (ii) The petitioner shall, on or before 12 February 2014 file the income tax returns and any other documents in support of its contention of financial difficulties/ hardship before the CESTAT; (iii) The CESTAT shall fix the date of hearing after 12 February 2014; (iv) The petitioner undertakes not to seek any adjournment on any count before CESTAT. The statement is accepted. (v) The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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