https://www.taxtmi.com/caselaws?id=83857 Waiver of pre-deposit under the proviso to section 35F is discretionary and turns on undue hardship while protecting revenue. A declaration that the assessee is a sick industrial company under the Sick Industrial Companies (Special Provisions) Act, 1985 does not by itself bar consideration of waiver in an excise appeal. On the facts, the Tribunal accepted that the unit had suffered serious losses and that hardship was made out; it also noted that the demand was treated as debatable and that a prima facie limitation issue arose on the extended period. The pre-deposit was waived and recovery stayed until disposal of the appeal. en-us Wed, 07 Dec 1994 00:00:00 +0530 Mon, 18 Jul 2011 13:17:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=83857 Waiver of pre-deposit under the proviso to section 35F is discretionary and turns on undue hardship while protecting revenue. A declaration that the assessee is a sick industrial company under the Sick Industrial Companies (Special Provisions) Act, 1985 does not by itself bar consideration of waiver in an excise appeal. On the facts, the Tribunal accepted that the unit had suffered serious losses and that hardship was made out; it also noted that the demand was treated as debatable and that a prima facie limitation issue arose on the extended period. The pre-deposit was waived and recovery stayed until disposal of the appeal. Case-Laws Central Excise Wed, 07 Dec 1994 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=83857