M/S. Asian Industries Vs. Cce, New Delhi - Court Judgment

Excerpt:

1. shri naveen mullick, advocate submits that out of the amount of s.6,00,000/- ordered to be deposited by the tribunal, the appellants have so far deposited rs. 2.5. lakhs.2. we find for hearing their appeal, m/s. asian industries ltd. were required to pre-deposit rs. 30,41,872/- as duty and equal amount of penalty. the tribunal after taking into account all the facts and circumstances of the case including the plea of financial hardship, has directed to deposit rs. 6,00,000/- under order dated 12.01.2001. we are not happy with the situation as explained.3. however, after hearing shri rajeev tandon, sdr and going through the records as an exception, in the interest of justice, the time for pre-deposit is extended by the end of july, 2001. it is made clear if the terms of the stay order are not complied with within the period now extended, then the appeal will be dismissed without any further reference to the applications.

Judgment:

1. Shri Naveen Mullick, Advocate submits that out of the amount of s.

6,00,000/- ordered to be deposited by the Tribunal, the appellants have so far deposited Rs. 2.5. lakhs.

2. We find for hearing their appeal, M/s. Asian Industries Ltd. were required to pre-deposit rs. 30,41,872/- as duty and equal amount of penalty. The Tribunal after taking into account all the facts and circumstances of the case including the plea of financial hardship, has directed to deposit Rs. 6,00,000/- under Order dated 12.01.2001. We are not happy with the situation as explained.

3. However, after hearing Shri Rajeev Tandon, SDR and going through the records as an exception, in the interest of justice, the time for pre-deposit is extended by the end of July, 2001. It is made clear if the terms of the stay order are not complied with within the period now extended, then the appeal will be dismissed without any further reference to the applications.