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TMI Blog1997 (5) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Appellants. Shri G.D. Sharma, JDR, for the Respondents. [Order per : G.A. Brahma Deva, Member (J)]. - The appellants M/s. Amitabh Textile Mills Ltd. have filed 5 appeals accompanied with the Stay applications for the waiver of pre-deposits of duty and penalty imposed on them. 2. The following amounts are required to be deposited for the purposes of hearing the appeal :- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure. 4. He submitted that the appellants have a strong prima facie case on merits in all the 5 cases and accordingly he requested for waiver of pre-deposits. Apart from the merits he submitted that the appellants' unit is a sick unit under BIFR (Board for Industrial and Financial Reconstruction) and same has been declared as a sick and in support of his contention he referred to the order da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taking into consideration that the unit of the assessees was in bad shape and before the BIFR was restructured in view of the law. 5. Arguing for the Revenue Shri G.D. Sharma, learned JDR submitted that merits and demerits are arguable and according to him that the appellants have no prima facie case on merits to grant absolute stay as prayed for. 6. We have carefully considered the su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trial Company and this may be the one of the consideration for coming to decision by the Tribunal whether the dispute of duty demanded or penalty of levy would cause undue hardship to the petitioner or not. Taking over all facts and consideration of the case particularly noting that the appellants have incurred a loss of Rs. 1,80,00,000/- and accumulated loss as on today around 3.2 crore and since ..... X X X X Extracts X X X X X X X X Extracts X X X X
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