TMI Blog2005 (7) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... es service. By consent Petitions are heard finally. 2. All these petitions seek to challenge the common Order dated 10-2-2005 passed by the Customs, Excise Service Tax Appellate Tribunal, West Regional Bench at Mumbai against the Petitioners in the four petitions. All the petitions raise the common question about the pre-deposit to be made by them as the condition for hearing of their appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pay the excise duty to the extent of Rs. 9,07,91,662.00, out of which a sum of Rs. 3,65,77,688/- has already been recovered by the Department from the job workers and the balance of Rs. 5,42,13,974.00 is payable by the manufacturers. By the impugned Order, the petitioners have been asked to deposit a sum of Rs. 2,25,362,86.00 being 25% of the total amount of excise duty payable by the petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efunded by the Department to the job workers nor there is any claim made for refund of the said amount by the job workers nor they had protested the said payment, the said amount will have to be considered before putting the petitioners on condition for hearing of their appeals. 6. Considering all the facts and circumstances of the case, we modify the impugned Order dated 10-2-2005 and direct th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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