Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2015 (10) TMI 680

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the Respondent. ORDER This order shall dispose of a bunch of three appeals bearing CEA Nos. 51, 52 and 53 of 2014 as according to the learned counsel for the appellant, the issue involved in these cases is identical. For brevity, the facts are being extracted from CEA No. 51 of 2014. 2. This appeal has been preferred by the assessee under Section 35G of the Central Excise Act, 1944 (in sh .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... used to the appellant if waiver of pre-deposit is not granted to the appellant? 2. The facts, in brief, necessary for adjudication of the present appeal as narrated therein may be noticed. The assessee is engaged in the business of manufacturing of M.S. Flats below 3mm in thickness and having width less than 400mm (Patra). The respondent issued a notice dated 4-8-2011 (Annexure A-1) to the a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f 2013. This Court vide order dated 30-4-2013 (Annexure A-4) directed that the appeal be not dismissed for non-deposit of the pre-deposit amount. However, the appeal was allowed by this Court vide order 21-11-2013 (Annexure A-5) and the matter was remitted to the Tribunal to consider the application for pre-deposit afresh after taking into consideration the opinion recorded by the Commissioner (Ap .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... al. 5. In the present case, the Tribunal has only directed payment of 15% of the duty demanded and has waived the pre-deposit of balance amount. The Tribunal has considered all the aspects and, prima facie, keeping in view the undue hardship to the appellant, the impugned order has been passed which is just and reasonable. 6. In view of the above, no substantial question of law arises .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates