9911796707
TMI Blog2014 (12) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... by the appellant are totally lacking in the present appeal. On the first ground, this Court is of the opinion that the new plea taken before the Tribunal, as rightly held by the Tribunal, has to be tested, since the same was not before the assessing authority, viz., the Commissioner. In the above backdrop, reduction in pre-deposit, as sought for by the appellant, cannot be justified on prima facie case - order of the Tribunal clearly shows that there is a net profit of ₹ 2.75 Crores, outstanding of ₹ 2.9 Crores and receivables to the tune of ₹ 3.4 Crores and, therefore, there is no justification for the appellant to plead financial hardship. This Court is in full agreement with the view expressed by the Tribunal on the pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Tribunal failed to see that a strong prima facie case has been made out by the appellant inasmuch as the valuation is highly inflated and the demand of duty, even if all the allegations are accepted, would come to ₹ 33,89,034/= as against ₹ 2,83,25,041/-? 3) Whether the order of the Tribunal inasmuch as it has not even considered nor rendered any finding on the existence or otherwise of 'undue hardship' while exercising its power to dispense with pre-deposit under Section 35F of the Central Excise Act suffers from non-consideration of relevant aspect/statutory condition stands vitiated? 3. The respondent assessee, it appears, is engaged in the business of manufacture of MS Ingots and it sold certain goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e only) under Section 11 AC of Central Excise Act, 1944. 4. Aggrieved against the said order, the appellant challenged the same before the Tribunal. The Tribunal passed a Miscellaneous Order dated 3.7.14 in Misc. Order No.41083/2014, wherein the Tribunal observed and passed direction as quoted hereunder :- 3. Prima facie, we find that there is mutuality of interest on the basis of evidence placed by the Revenue that the transaction value of the two dealers is much lower than the transaction value of other buyers and therefore the applicant failed to make out a prima facie case for waiver of predeposit of entire dues. The learned consultant has not pleaded any financial hardship. 4. In view of that, we direct the applicant to pred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ready ordered by it, which is equivalent to about 30% as against the total demand of ₹ 2.83 Crores. Aggrieved against the said order of the Tribunal, the appellant is before this Court by filing the present appeal. 6. Heard Mr.Magesh, learned counsel appearing for the appellant and Mr.Chandrasekaran, learned standing counsel appearing for the respondent. 7. The point in issue is whether there is a prima facie case for interference with the order of the Tribunal on merits and also a case for reduction of pre-deposit on the ground of financial hardship. 8. On a careful scrutiny of the documents placed before us as also a perusal of the order of the Tribunal, this Court finds that both the grounds as pleaded by the appellant are ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
