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TMI Blog2004 (5) TMI 449X X X X Extracts X X X X X X X X Extracts X X X X ..... risdiction of this Bench. 2. Heard both sides in the matter. In terms of the Public Notice issued by the Hon'ble President, the appellants are permitted to retain their files in this Bench. The Registry shall retain the files for further hearing. 3. The stay application seeks for waiver of pre-deposit of duty amount of Rs. 37,03,546/- and penalty of Rs. 35,000/-. The appellants had imported Medical Equipments in terms of Notification No. 64/68. In terms of the said Notification, they are required to have given free treatment to persons with monthly income of Rs. 500 or less p.m. and to reserve 10% of their hospital beds to such patients. It is the appellant's case that the DGHS, New Delhi, had referred the matter to the State Go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ices, Bangalore, about the appellant having fulfilled the terms of the Notification. He submits that this piece of evidence has not been examined by the Commissioner. He also points out that records were also furnished to the Commissioner but the same was not examined although he has noted about the fact of the appellant having produced the registers as well as the certificate given by the Director of Health and Family Welfare Services. He submits that the appellant's hospital is a 100% charitable hospital and they will be put to severe hardship if they are directed to pre-deposit the amount. He submits that no appeal has been filed against the Order of cancellation of the Certificate by DGHS. He submits that this should not be a ground to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. In all similar matters, the hospitals have been directed to pre-deposit the entire amounts in the light of the judgment rendered by the Apex Court in the case of Mediwell Hospital and Health Care Pvt. Ltd. v. Union of India - 1997 (89) E.L.T. 425 (S.C.). We direct the appellants to pre-deposit the entire duty amount of Rs. 37,03,546/- (Rupees thirty-seven lakhs three thousand five hundred and forty-six only) within four months from today. On such deposits being made, the penalty is waived and recovery stayed till the disposal of the appeal. It is made clear that if the amounts are not deposited, then the appeal will be liable for dismissal under Section 129E of the Act. Call on report of compliance on 14th September, 2004. X X X X Extracts X X X X X X X X Extracts X X X X
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