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TMI Blog2012 (10) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... ot proceed and the show cause notices should be relegated to the call book ? (iii) Whether, the tribunal erred in law in directing the pre deposit of the entire excise duty demanded notwithstanding grant of special leave by the Supreme Court in SLP 16553/10 involving identical question of law and fact inter-parties ? (iv) Whether the tribunal erred in law in directing deposit of the entire outstanding duty asesed in teeth of the principle laid down by the Supreme Court in Unioin of India v. West Coast Papermills Limited 2004 (164) ELT 375 (SC). (v) Whether the impugned stay order passed by the Tribunal is contradictory in terms imasmuch as while on one hand directing predeposit by the appellant the Tribunal has on the other hand held tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authority. The matter was thereafter challenged before the Uttarakhand High Court in Central Excise Appeal No. 12 of 2009 which was dismissed vide Judgment and Order dated 19.4.2012. Challenging the same, the appellant filed Special Leave Petition which has been admitted and leave granted and registered as Civil Appeal No. 9747 of 2010 in which an interim order has also been granted on 16.7.2012. For the same cause of action, the aforesaid eight notices have been issued in which the Assessing Officer at Meerut has levied central excise duty of Rs. 13,80,92,705/- under section 11-A of the Central Excise Act, 1944 (hereinafter referred to as the Act) along with interest as applicable under section 11-AB of the Act plus equal penalty under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssing Officer is realised from the appellant, it would be impossible for the appellant to run the industry and the intention of the respondent would not be to kill it but to promote it. In the supplementary affidavit the appellant has stated that if the appellant is made to deposit the entire amount, the same would result in causing undue hardship to the appellant as it would have to sell its plant and machinery. It is further stated that the appellant already has a bank loan liability of Rs. 4.5 Crores. The learned counsel for the appellant submits that the appellant would be ready and willing to furnish security for the said amount to the satisfaction of the Assessing Officer. Learned counsel for the respondent has, however, submitted th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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