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TMI Blog2013 (5) TMI 516X X X X Extracts X X X X X X X X Extracts X X X X ..... sp; For the Respondent: Shri Parmod Kumar, JC (AR) JUDGEMENT Per P.K. Das; In this case, there is a demand of Customs duty of Rs.4,23,13,822/- and excise duty of Rs.22,27,604/- and penalty of Rs.60 lakhs under the Customs Act and Rs.10 lakhs under the Central Excise A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts, viz. Undue hardship and safeguarding the interest of the Revenue is kept in mind, for the reasons stated above, we are convinced that there cannot be a total waiver of the deposit as prayed for by the appellant in the case on hand. We, however, feel that the deposit of Rs.76 lakhs as directed by the Tribunal can be reduced to a sum of Rs.40 lakhs, and if such deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its that they have not deposited the amount of Rs.40 lakhs in terms of the judgement of the High Court. He submits that they have filed review petition before the Hon'ble High Court which is still pending. He also submits that after the stay order, they filed an application on 23.8.2010 before this Tribunal for modification of the stay order dt. 14.6.2010 which is listed today before us. 4. After ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on'ble High Court reduced the predeposit amount to a sum of Rs.40 lakhs. It is also directed by the High Court that if such deposit is made within a period of eight weeks from the date of receipt of a copy of its order, the benefit granted by the Tribunal in the stay order shall continue to operate pending disposal of the appeal. On a query from the Bench, learned advocate submits that they have n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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