9911796707
TMI Blog2013 (12) TMI 1189X X X X Extracts X X X X X X X X Extracts X X X X ..... than due date, amounting to Rs.5,39,711/- was demanded and confirmed against M/s.Sangam Organics & Chemicals Ltd. who filed Appeal E/604/2010 before Tribunal. At the time of hearing, the application for waiver of pre-deposit of the interest demanded for admission of appeal, the Tribunal passed Stay Order No.526/12 dt. 26.6.2012 directing the appellant-company to pre-deposit an amount of Rs.3,01,8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not only to the appellant-company but to other creditors of the company and therefore it was prayed before the High Court that the Tribunal should be directed to hear the appeal without insisting upon pre-deposit. The Hon'ble High Court considered the matter and passed order dt. 11.4.2013. The relevant part of the order is reproduced below:- 'As proviso to Section 35F provides for making an appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... waived for admission of appeal in exercise of the discretionary powers vested in the Tribunal under section 35F of the Central Excise Act. 3. Opposing the prayer, Ld. AR for Revenue submits that that the amount involved is interest on a liability which was admitted andpaid by the applicant and interest cannot be waived. He also submits that even when the company is under liquidation, pre-deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dt. 14.9.2012 and restore it to its original numbers. 5. Thereafter, I have considered the request for waiver of pre-deposit afresh. Considering the winding up process which is under way and the fact that the amount involved is interest on duty which is already paid I take a lenient view in the matter and waive pre-deposit of the impugned dues for admission of appeal and stay its collection duri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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