Condonation of delay and waiver of pre-deposit granted after substantial deposit, with recovery stayed during appeal.

An 8-day delay in filing the appeal was condoned where the explanation was preparation of appeal papers and the Revenue raised no serious objection. The tribunal also treated the assessee's substantial prior deposit toward the adjudged duty and equivalent penalty as sufficient compliance, so the balance pre-deposit was waived and recovery was stayed during the pendency of the appeal.

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Issues: Whether the 8-day delay in filing the appeal should be condoned; and whether pre-deposit of the balance adjudged dues should be waived with recovery stayed during the pendency of the appeal.

Analysis: The delay was explained as arising from time taken in preparing the appeal papers, and the Revenue raised no serious objection. The assessee had already deposited Rs. 50 lakhs out of a total duty demand of Rs. 53,77,185 along with equivalent penalty, which was treated as a substantial deposit for considering the appeal.

Outcome: The delay was condoned, the balance pre-deposit was waived, and recovery was stayed during the pendency of the appeal.

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