2008 (5) TMI 287

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..... Excise and Service Tax Appellate Tribunal, New Delhi dismissing the petitioners' application for complete waiver of the condition of pre-deposit but accepting the petitioners prayer for reduction in the amount of pre-deposit by directing petitioners No. 1 and 2, to pay a sum of Rs. 5 lacs and 2 lacs respectively instead of the amount of Rs. 15 lacs and 5 lacs. 2. Counsel for the petitioners su .....

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..... factual, to interfere with the impugned order. Section 129E of the Act reads as follows :- "129E. Deposit, pending appeal, of [duty and interest], demanded or penalty levied. - Wherein any appeal under this Chapter, the decision or order appealed against relates to any [duty and interest] demanded in respect of goods which are not under the control of the customs authorities or any penalty levie .....

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..... to penalty is different. The word "penalty" appearing in Section 129E is not qualified by the words "......demanded in respect of goods, which are not under the control of the customs authorities......." An assessee, therefore, seeking to impugn an order of penalty, would be obliged to comply with the condition of pre-deposit, irrespective of whether the goods in respect whereof the penalty has be .....

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