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TMI Blog2013 (12) TMI 1277X X X X Extracts X X X X X X X X Extracts X X X X ..... ion - the interest of justice would be served taking into account the correct financial condition of the appellant if it is directed to make a pre-deposit of Rs.55,00,000 – upon such submission rest of the duty to be waived till the disposal – Partial stay granted. - Central Excise Appeal (L) No. 304 of 2013 - - - Dated:- 26-11-2013 - Mohis S Shah And M S Sanklecha, JJ. For the Appellant : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the findings of fact given by the Adjudicating Authority, we are not inclined to go into the merits of those prima facie findings. 4. The learned counsel for the appellant, however, invited our attention to the financial hardship pleaded by the appellant and submitted that the appellant has been incurring losses. The learned counsel also states that the activities of the appellant company are cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sidered incorrect figures, the plea of financial hardship was not appropriately considered. Taking into account the correct figures as reflected in the Balance Sheet and Profit and Loss Account, the impugned order needs to be modified. We are of the view that the interest of justice would be served taking into account the correct financial condition of the appellant if it is directed to make a pre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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