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2015 (10) TMI 900 - CESTAT KOLKATA

2015 (10) TMI 900 - CESTAT KOLKATA - TMI - Waiver of pre deposit - Manufacturing activity or trading activity - whether the applicant was engaged in the manufacture of the goods or undertake only the activity of trading - Held that:- Evidences could be considered in detail only at the time of disposal of the appeal. At this stage, considering the financial hardship expressed and other aspects of the case and the interest of Revenue, it would be appropriate to direct the applicant to deposit S .....

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httopadhyay, Consultant For the Respondent : Sri S. Sharma, Commissioner (A.R.) ORDER Per DR. D.M. MISRA Heard both sides. 2. This Tribunal while disposing the Stay Applications seeking waiver of pre-deposit of duty of ₹ 3.56 Crores and equal amount of penalty, after recording reasons directed pre-deposit of 25% of the duty confirmed and to report compliance on 2nd January, 2014. Aggrieved by the said order, the applicant filed a writ petition before the Calcutta High Court bearing No.6142 .....

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nd January, 2015. 3. The Ld. Consultant appearing on behalf of the applicant submits that the cost of ₹ 50,000/- as directed by the Hon ble High Court has been paid on 31/01/2015 and they have approached the Hon ble High Court for condonation of the delay in making the said deposit which is pending disposal. However, both sides have requested that the stay application be heard and decided on merit. 4. Ld. Consultant for the Applicant has vehemently argued that the applicant are the Applica .....

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