9911796707
TMI Blog2005 (9) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... n of India, is in effect a petition under Article 227 challenging the order of Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench, Mumbai made on 10-5-2005 (Annexure-H). 2.Heard Mr. Mihir H. Joshi, learned Senior Advocate appearing with Mr. S.N. Thakkar on behalf of the petitioners. Mr. Joshi has made various submissions as to validity of the Order-in-Original dated 31-1-2005 m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount directed by the Tribunal be suitably extended. It was also submitted that the aspect of financial hardship has not been taken into consideration. 3.As is apparent, the scope of present proceedings is limited to appreciating whether the impugned order of Tribunal suffers from any jurisdictional error or can be termed perverse in any manner. The Tribunal while passing the impugned order has r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicant unit to deposit Rs. 50 lakhs towards duty within 12 weeks. Upon such deposit further pre-deposit of balance duty and penalties is waived". 4.The petitioner was granted time to report compliance by 16-8-2005 while the order was made on 10-5-2005. Thereafter, the petitioner moved an application seeking reconsideration and modification of the stay order dated 10-5-2005 and the application w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner is required to make such pre-deposit. In the present case, as can be seen from the facts on record, the Tribunal has taken into consideration both the requirements and after application of mind exercised its discretion directing the petitioner to deposit a sum of Rs. 50,00,000/- within a period of twelve weeks as against total demand of Rs. 2,17,79,009/- + Rs. 32,00,000/-. In the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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