9911796707
TMI Blog1987 (8) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... e duty demanded or penalty levied. Under the proviso to this section, the requirement of deposit of the amount of Duty or penalty can be dispensed with if the Tribunal is of opinion that the deposit of the amount would cause undue hardship to such a person. The Tribunal is empowered to dispense with the deposit subject to such conditions as it considers fit. This is clear from a reading of Section 129E which says : "129-E, Deposit, pending appeal, of duty demanded or penalty levied wherein any appeal under this Chapter, the decision or order appealed against relates to any duty demanded in respect of goods which are not under the control of the customs authorities or any penalty levied under this Act, the person desirous of appealing agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal did not accede to this request and directed that the appeal be put up for hearing only after the petitioner informs the Tribunal about the result of the writ petition filed by him. Consequently, on July 8, 1987, the petitioner approached this Court again through writ petition No. 504 of 1987. The principal prayer in this petition is that the Tribunal be directed to dispose of the petitioner's appeal on its merits without asking him to give security of the nature demanded from him in view of the ad interim order passed by this Court on June 18, 1986. 4. The respondents have filed counter affidavit in writ petition No. 9654 of 1986. However, in the view that we are taking, it is not necessary for us to notice the facts which have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner's banker had agreed to give a Bank guarantee only on the condition that the entire amount is deposited in cash by the petitioner with it. We have also found from the copy of the balance-sheet, which the petitioner has appended with the first of the two writ petitions, that the entire assets of the petitioner firm is a little over Rs. 3 lakhs, while the cash in hand is only amount Rs. 1000/- and odd. It is obvious that in this state of petitioner's financial condition, requiring the petitioner to furnish Bank guarantee for Rs. 4,50,000/- which, according to the communication of the Bank, could only be issued by it subject to deposit of the entire amount by the petitioner, coupled with the fact that during the previous three years, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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