TMI Blog2002 (10) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... lications for waiver of pre-deposit of Central Excise duty confirmed and Penalty imposed by the Commissioner, Central Excise. 2. Shri Bhaskar Sen, learned Senior Advocate, has pleaded financial hardship for staying the recovery of amount of duty and penalty. He firstly submitted that the Applicants, after filing the appeal, had filed a Writ Petition No. 7029(W) of 2002 in which the High Court of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess or the like against the properties of a sick industrial Co. is liable to be stayed; that pre-deposit of penalty as a condition for preferring an appeal before CEGAT is a proceeding in the nature of execution and distress and require to be stayed. He relied upon the decision of the Supreme Court in the case of Real Value Appliances Ltd. v. Canara Bank, (1998) 5 S.C.C. 554 wherein it has been he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... td. v. C.C., New Delhi - 2000 (124) E.L.T. 304 (T), (iii) Vijay Packaging System Ltd. v. C.C. C.E., A.P. - 2000 (118) E.L.T. 553 (S.C.). 3. Opposing the prayer, Shri N.C. Roy Chowdhary, learned Senior Advocate for the Revenue, submitted that in the show cause notice issued to the Applicants specific allegation of wilful mis-statement was made and as such extended period of limitation is i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court has observed in Order dated 2-5-2002 as under : - "In the present case, prima facie it appears that the period beyond Six months could not have been re-opened, on the alleged ground, in the absence of allegation of existence of fraud or collusion, as pointed out by Mr. Singhvi. Therefore, until these questions are decided, the CEGAT may take a considerate view with regard to the requiremen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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