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of <h1>High Court upholds Tribunal's order in tax appeal, dismissing waiver request for duty, penalty, interest.</h1> <h3>M/s Prakash Industries Limited Versus The Commissioner (Adj.) Central Excise</h3> M/s Prakash Industries Limited Versus The Commissioner (Adj.) Central Excise - TMI Issues: Tax appeal against Tribunal's order for waiver of pre-deposit of duty, penalty, and interest.Analysis:1. Facts: A show cause notice was issued to the Assessee for central excise duty, interest, and penalty for clandestine removal and short stock goods during 2002-2005.2. Tribunal's Order: The Tribunal confirmed the duty and penalty, and the Assessee appealed for waiver of pre-deposit, which was partly allowed on depositing a specific amount within four weeks.3. Contentions: The Appellant argued delay in the Tribunal's order, inadequate consideration of various points, including electricity consumption, raw material sale, and transportation of goods.4. Legal Provision: Section 35-F of the Central Excise Act, 1944 deals with undue hardship in pre-deposit applications.5. Undue Hardship Consideration: The Tribunal found that depositing the specified amount would not cause undue hardship to the Assessee.6. Prima Facie Case: The Tribunal's consideration of the prima facie case was deemed broad, focusing on the waiver of pre-deposit rather than the appeal's merits.7. Judgment: The High Court upheld the Tribunal's order, finding no merit in the appeal and dismissing it, stating no justification for interference.
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