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TMI Blog2014 (9) TMI 479X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeal [2013 (298) E.L.T. 397 (Tri. - Kol.)]. 2. While the writ petition was pending before this Court, the Tribunal took up an appeal and for non-compliance of the said order dismisses the same. The said order is also assailed by way of a supplementary affidavit. 3. According to the petitioners, the Tribunal has proceeded on the wrong premise that the petitioners have a substantial worth of Rs. 7.50 crores and have invested a sum of Rs. 1 crore and odd in the fixed deposit by overlooking the fact that the said fixed deposits were kept as a security for obtaining the orders from the Railways and Railways have paramount charge over the said fixed deposits. The petitioners further say that the Tribunal did not take into consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dispensation at a particular rate or an amount but depends upon the facts of each case. The Tribunal not only should consider the undue hardship that would be caused to the person who has filed an appeal but shall also bear in mind the interest of the Revenue to be protected. Neither the Act nor the rule provides a particular mode to safeguard the interest of the revenue. 6. In the present case this Court finds that a discretion is exercised by the Appellate Tribunal in allowing the waiver of the duty imposed in directing the deposit of Rs. 70 lakhs against the duty levied to the tune of Rs. 5 crores and penalty to the tune of Rs. 5 crores and odd. 7. Considering the balance sheet and the other documents annexed to this writ pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pting the procedure for sale. By virtue of Section 12 of the Central Excise Act, 1944 the provisions of the Customs Act, 1962, relating to the levy and/or exemption, drawback, warehousing, offences, penalties, confiscation procedure relating to offences and appeals is applicable in regard to the like matters. By a Notification No. 68 of 63, dated 4th May, 1963, issued under Section 12 of the Customs Act, the provisions contained under Section 142 of the Customs Act is applicable in respect of a matter relating to the Central Excise. In exercise of power under Section 142 of the Customs Act, the Customs (Attachment of Property of Defaulters for Recovery of Government Dues) Rules, 1995 was framed which contains the full mechanism for attachme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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