2015 (11) TMI 150 - HC - Central Excise

Waiver of pre deposit - petitioner submits that since the proceedings are relating to the period prior to amendment to the Finance Act in the year 2014, without insisting free deposit, the appeal shall be entertained - Held that - Department has already challenged the judgment in 2015 (3) TMI 634 - KERALA HIGH COURT before a Division Bench of this Court. - The appeal shall be entertained without insisting of free deposit in accordance with the unamended provisions on an undertaking by the petitioner that in the event of Muthoot s case is being reversed by this Court, the petitioner shall deposit 7.5% of the amount as per the amended provisions. - the demand for pre deposit is set aside.

Summary

The petitioner appealed against Ext.P3 assessment order and filed a waiver application for pre deposit. The appeal will be entertained without pre deposit, based on Ext.P7 judgment, with a condition to deposit 7.5% if the judgment is reversed. The demand for pre deposit is set aside.