TMI Blog2012 (4) TMI 659X X X X Extracts X X X X X X X X Extracts X X X X ..... s appeal under Section 35G of the Central Excise Act, 1944, which is directed against the order dated 14th February, 2012 passed by the Customs, Excise and Service Tax Appellate Tribunal, we frame the following substantial question of law :- Whether the Customs, Excise and Service Tax Appellate Tribunal was right in directing the appellant to deposit ₹ 30 lacs as a pre-condition for hear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut that income of the appellant is to the tune of ₹ 3-4 lacs per annum. In these circumstances, it is submitted that it is not possible for the appellant to pay ₹ 30 lacs as directed for hearing of the appeal on merits. It is submitted that the penalty has been imposed on presumption and without taking into account relevant facts. He submits that in view of the harsh condition imposed, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the appellant. In Paragraph 8 of the impugned order the Member (Judicial) has recorded as under :- 8. In terms of the above, we hold that the credit availed by them was reversed by utilizing for payment of duty, which even according to the Revenue, they were not required to pay. Inasmuch as the entire credit was reversed by making debit entry used for payment of duty on final products, and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e return it is noticed that the appellant has been claiming benefit under Section 80C to the extent of ₹ 80,000-1,00,000/-. 8. Keeping in view the aforesaid factual position, we modify the order passed by the Tribunal and reduce the amount directed to be deposited for hearing of the appeal from ₹ 30 lacs to ₹ 15 lacs. The said deposit will be made in three equal instalments. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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