TMI Blog1995 (5) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... and Gold (Control) Appellate Tribunal, New Delhi, under the proviso to Section 35F of the Central Excises and Salt Act, 1944, directing the petitioner M/s. Kanpur Cigarettes Limited to deposit Rs. 2,20,00,000/- towards duty and penalty levied on it. 2.The petitioner has filed an appeal before the Tribunal against an order dated 17th November, 1993, passed by the Collector of Central Excise, Delh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Rs. 20,00,000/- towards penalty. 5.The petitioner's case before the Tribunal was that the demand is unjustified and that it is running in losses and hence it cannot deposit the amounts levied. The Tribunal in its order under challenge has observed that the appellant (petitioner) has made out a strong prima facie case for waiver of pre-deposit and stay of the recovery of the amount to the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompany to show that it is continuously running in losses and its not worth is not more than a few lacs of rupees. The demands raised against the petitioner are huge and there is nothing in the order of the Tribunal to show that the petitioner can deposit the amounts directed by it without facing undue hardship. It has recorded a categorical finding that the petitioner has made out a prima facie ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00,000/- is insisted upon, the petitioner may not be able to maintain the appeal itself which will have to be dismissed for non-deposit of the amount, referred to above. I am, therefore, of the opinion that it was a fit case in which the Tribunal should have fully waived the condition of pre-deposit. The interests of Revenue could be safe - guarded by a very early disposal of the appeal itself. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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