https://www.taxtmi.com/caselaws?id=44885 The Madras HC held that refusal of waiver of pre-deposit under Section 35F of the Central Excise Act could not stand where the Appellate Authority had not considered the appellant's latest financial position. The authority had relied on an earlier balance sheet and concluded that no undue hardship was shown, but undue hardship must be assessed on the financial condition as at the time of consideration. The order was set aside and the matter was remitted for fresh decision after giving the appellant an opportunity to produce the relevant balance sheet and profit and loss account. en-us Thu, 13 Feb 1997 00:00:00 +0530 Mon, 05 Jul 2010 15:37:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=44885 The Madras HC held that refusal of waiver of pre-deposit under Section 35F of the Central Excise Act could not stand where the Appellate Authority had not considered the appellant's latest financial position. The authority had relied on an earlier balance sheet and concluded that no undue hardship was shown, but undue hardship must be assessed on the financial condition as at the time of consideration. The order was set aside and the matter was remitted for fresh decision after giving the appellant an opportunity to produce the relevant balance sheet and profit and loss account. Case-Laws Central Excise Thu, 13 Feb 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=44885