TMI Blog2005 (12) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.The present writ petition has been filed against the order dated 5th October 2005 issued on 20th October 2005 by the Customs Excise and Service Tax Appellate Tribunal, New Delhi by which the Tribunal partly allowed the Waiver Application filed by the petitioner, not full waiver of the precondition of deposit of demand for the entertainment of appeal. The Tribunal by the impugned order has direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Court should not interfere in exercise of its jurisdiction under Article 226, Constitution of India. She further submitted that Tribunal has taken into account relevant factors such as financial hardship while passing the impugned order. 5.We have given our careful consideration on the respective submission of learned counsel for the parties. Learned Counsel for the petitioner has placed rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in cash by the petitioner with it. We have also found from the copy of the balance-sheet, which the petitioner has appended with the first of the two writ petitions, that the entire assets of the petitioner firm is a little over Rs. 3 lakhs, while the case in hands is only amount Rs. 1000/- and odd. It is obvious that in this state of petitioner's financial condition, requiring the petitioner t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which may be moved by the petitioner and suitable orders be passed by the Tribunal at an early date." He further submitted that the plea of the petitioner that the demand was time barred was not considered by the Tribunal while passing the impugned order. Reliance has been placed by him in the case of Luxco Electronics v. Union of India and others - 1987 (31) E.L.T. 883. 6.Having considered t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of the Tribunal and the direct the petitioner to deposit a sum of Rs. 5 lacs (Rupees Five Lacs only) within one month from today and furnish the indemnity bond for the entire disputed amount within aforesaid period to the satisfaction of the authority concerned. If the petitioner fails to comply with either of the condition, the appeal filed by it before the Tribunal shall not be enterta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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