9911796707
TMI Blog2015 (2) TMI 229X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER 1. D.B. Excise Appeal No.2/2014, has been filed against the order of the Customs, Excise & Service Tax Appellate Tribunal, Principal Bench, New Delhi (for short, the CESTAT), dated 31.12.2013, by which it allowed the modification application filed by the appellant, to modify the stay order dated 23.10.2012, whereby the appellant was required to deposit 25% of the duty demand, and to depo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be taken to be a good ground, as in those cases also, the proposal to confirm the demand of duty was based upon the entries made in the documents recovered from M/s Nirmal Inductomelt Pvt. Ltd., as also on the basis of investigation conducted in the factory of M/s Shree Sharma Steel Re-Rolling Mills. It was found that the evidence available in the present case, as also the one which was before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has a strong prima-facie case to succeed in appeal, and that the financial position of the Company is not such that it could have deposited 25% of the amount as pre-deposit and Rs. 2 lakh by its Director. An amount of Rs. 5 lakh, which was directed to be deposited by the CESTAT earlier before modification was made in pursuance to the application filed by the Department, has been deposited, and is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll not enable the Company to make pre-deposit of 25% of the assessed duty demand. 6. Learned counsel appearing for the appellant has produced the order passed by the Commissioner, Central Excise, Jaipur-I, Jaipur in the matter of M/s Shiv Prasad Mills Pvt. Ltd., in which the demand, worked out on the basis of electricity consumption, was dropped. He has also relied upon R.A. Castings (P.) Ltd. v. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctive and to avoid the CESTAT to spend most of its time only in deciding matters of pre-deposit. 9. In view of the aforesaid facts and circumstances, we are of the view that these matters require hearing. 10. Issue notice to the respondents, returnable within six weeks. The steps will be taken within a week. 11. In the meantime, in case the appellant deposits 10% of the demand, excluding the de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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