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2014 (12) TMI 322

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..... in the adjudication proceedings. On merit also this Bench has give its observation while passing stay order and held that the issue need deeper considerations which could be done only at the time of final disposal of the appeal. At the same time, it is also recorded that no claim of severe financial hardship is available from the case records as per the submissions made by the appellant. In view of the above, appellant has no case for any modification on merits. - Modification denied. - Appeal No. : E/718/2012 - ORDER No. M/14059/2014 - Dated:- 9-9-2014 - Mr. M.V. Ravindran and Mr. H.K. Thakur, JJ. For the Appellant : Shri P M Dave (Adv.), Shri N K Tiwari (Cons.) For the Respondent : Shri K Shivakumar (AR) JUDGEMENT .....

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..... hat Honble Tribunal may waive the condition of pre-deposit of amounts ordered till the disposal of the appeal by suitably modifying the stay order No. M/12349/2014 dt 1/5/2014. 3. Shri Shivakumar (ARS), appearing on behalf of the Revenue argued that the appellant has not been co-operating with the Revenue right from the beginning. That as per Paragraph No. 13.1 of OIO dtd 6/6/2012 appellant was offered six opportunities of hearing but none was availed by the appellant. That appellant also did not co-operate during the investigation. That a specific date was fixed in the present appeal as a result of Hon ble High Court order which was not attended by the appellant on the grounds that the Ld Consultant was busy elsewhere. That looking to .....

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..... stay order and held that the issue need deeper considerations which could be done only at the time of final disposal of the appeal. At the same time, it is also recorded that no claim of severe financial hardship is available from the case records as per the submissions made by the appellant. In view of the above, appellant has no case for any modification on merits. However, looking to the recent statutory amendments made in the Central Excise Act 1944, we are of the opinion that a pre-deposit of Rs One Crore ordered to be made under order dt 1/5/2014 should be reduced to ₹ 60 lakhs (Rupees Sixty lacs only). Accordingly, it is ordered that the appellant should pre-deposit an amount of ₹ 60 lacs (Rupees sixty lacs) within four .....

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