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Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
<h1>Deadline to Deposit Rs. 1 Crore to Waive Penalties & Duties in Appeal</h1> The Appellate Tribunal CEGAT, New Delhi ordered the appellant to deposit Rs. one crore by 26-8-2002 to waive the remaining penalty and duty during the ... Trade discount - admissible deduction - assessable value - pre-deposit - stay of recovery - penalty - deposit as condition for stayPre-deposit - deposit as condition for stay - stay of recovery - Whether complete waiver of pre-deposit of duty and penalty should be granted and, if not, what conditional deposit is required to continue the stay of recovery during the appeal - HELD THAT: - The Tribunal found that the appellant had not made out a case for total waiver of the pre-deposit of the duty and penalty. Having considered the submissions and material on record, the Tribunal exercised its discretion to impose a conditional deposit to secure the revenue while the appeal is pending. The appellant was directed to deposit a specified sum by a fixed date; on deposit of that amount the balance of the duty and penalty was not required to be pre-deposited and recovery of the balance was stayed during the pendency of the appeal. The Tribunal further directed that non-compliance with the conditional deposit would result in vacation of the stay and dismissal of the appeal, and fixed the matter for final hearing on a given date if compliance was reported.Deposit of a specified conditional amount was ordered; on deposit the balance of duty and penalty need not be pre-deposited and recovery is stayed during the appeal; failure to comply will lead to vacation of stay and dismissal of the appeal.Final Conclusion: The Tribunal refused total waiver of the pre-deposit; directed the appellant to make a conditional deposit by the date specified, ordered stay of recovery of the remaining duty and penalty during the appeal on compliance, warned that non-compliance would result in vacation of the stay and dismissal of the appeal, and listed the matter for final hearing. The Appellate Tribunal CEGAT, New Delhi directed the appellant to deposit Rs. one crore by 26-8-2002 to waive the balance penalty and duty during the appeal process. Failure to comply would lead to dismissal of the appeal. Case listed for final hearing on 3-9-2002 if compliance is reported.
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