https://www.taxtmi.com/caselaws?id=207567 An arguable exemption dispute under a 31-7-2001 notification justified moderation of the appeal deposit condition rather than full waiver. The notification did not clearly exclude the benefit for investments made after 31-12-2005, so the exemption issue remained debatable; however, full waiver was not warranted. The record also showed continuing losses and limited cash availability, and the demand had effectively been denied on the assumption that separate accounts were not maintained. Balancing these factors, the deposit fixed by the Tribunal was found excessive and was reduced to Rs. 25 lakhs, allowing the appeal to proceed on compliance with the revised condition. en-us Fri, 18 Mar 2011 00:00:00 +0530 Thu, 18 Aug 2011 17:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=207567 An arguable exemption dispute under a 31-7-2001 notification justified moderation of the appeal deposit condition rather than full waiver. The notification did not clearly exclude the benefit for investments made after 31-12-2005, so the exemption issue remained debatable; however, full waiver was not warranted. The record also showed continuing losses and limited cash availability, and the demand had effectively been denied on the assumption that separate accounts were not maintained. Balancing these factors, the deposit fixed by the Tribunal was found excessive and was reduced to Rs. 25 lakhs, allowing the appeal to proceed on compliance with the revised condition. Case-Laws Central Excise Fri, 18 Mar 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=207567