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2016 (1) TMI 925 - MADRAS HIGH COURT

2016 (1) TMI 925 - MADRAS HIGH COURT - TMI - Waiver of pre-deposit - appellant was suffering undue financial hardship - Tribunal has passed the impugned order directing the appellant to deposit a sum of ₹ 20,00,000/- Held that:- In the facts and circumstances of the case, this court finds it appropriate to set aside impugned order, dated 12.10.2015, passed by the Tribunal and to remit the matter back to the Tribunal, to decide the issue relating to the plea of the appellant that it was suf .....

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the Appellant : Mrs. Hema Muralikrishnan For the Respondent : Mr. S Sundareswaran, Senior Panel Counsel JUDGMENT ( Judgment of the Court was delivered by M. Jaichandren, J. ) The appeal has been filed against the impugned order, dated 12.10.2015, passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai, in ST/S/00169/2012, in ST/00233/2012. 2. Heard Mrs.Hema Muralikrishnan, learned counsel appearing for the appellant, as well as Mr.V.Sundareswaran, learned Sen .....

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ncy of the appeal. The main contention of the learned counsel appearing for the appellant is that the Tribunal had not applied its mind with regard to the plea of the appellant that the appellant was suffering undue financial hardship and that the appellant would not be in a position to make the pre-deposit of ₹ 20,00,000/-, as directed by the Tribunal, by its impugned order, dated 12.10.2015. 4. Per contra, the learned Senior Panel Counsel appearing on behalf of the respondent had submitt .....

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