9911796707
TMI Blog1985 (4) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... filed an application for exemption from making payment of the amount of duty demanded pending disposal of the appeal which are required to be deposited under Section 35F of the Central Excises and Salt Act, 1944 before the Tribunal. The petitioner made out a case that there was accumulated loss of Rs. 65.64 lakhs as on April 30, 1984 and as a result thereof there was great hardship for which the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal. Secondly, the Tribunal refused to take into consideration about the money lying in the hands of the Department which is refundable to the petitioner in terms of the order of this Court. That is a relevant factor because out of 10 lakhs payable by the petitioner as a condition precedent for entertaining the appeal about 8 lakhs are lying in the hands of the Department. It appears that there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atter mechanically and on technical ground. The Tribunal in granting exemption is bound to take into consideration the prima facie case made out by the petitioner as also the interests of the revenue which is substantially secured by the offer made out by the petitioner that the amount of Rupees eight lakhs refundable to the petitioner by the Department the petitioner undertakes not to withdraw th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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