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TMI Blog2014 (6) TMI 59X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Respondent : Mr. Sunish Bindlish, Advocate ORDER Ajay Kumar Mittal, J. 1. Photo copy of receipt dated 12.5.2014 showing deposit of Rs. 20 lacs produced today is taken on record. 2. This appeal has been preferred by the assessee under Section 35G of the Central Excise Act, 1944 (in short, "the Act") against the order dated 5.3.2014 (Annexure A-1) passed by the Customs Excise and Serv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red on 4.1.2011 and suffered the statement. On 19.4.2011, the premises of the appellant were visited and the record was resumed for further investigation. The statement of Sh. Haripal Dhiman was recorded on 4.7.2011 and on the same day, the appellant deposited Rs. 3 lacs vide cheque No. 540062 and Rs. 2 lacs vide cheque No. 540063. The respondent issued a notice dated 5.7.2011 to the appellant to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion (Annexure A-5) before the Tribunal. The Tribunal vide order dated 5.3.2014 (Annexure A-1) directed the appellant to deposit entire duty demand of Rs. 49,45,072/- along with interest except the amount already deposited by it. Hence, the present appeal. 3. Learned counsel for the appellant submitted that the requirement of Rs. 49,45,072/- along with interest except amount already deposited by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal. After hearing learned counsel for the parties and keeping in view the totality of the facts and circumstances of the case coupled with the fact that the appellant has already deposited a sum of Rs. 25 lacs, we are of the opinion that the ends of justice would be met if the Tribunal is directed to hear the appeal on merits without insisting for pre-deposit of the remaining amount. Ordered acc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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