1995 (2) TMI 231

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ate, for the Appellant. Shri Somesh Arora, JDR, for the Respondent. [ Order per : K.S. Venkataramani, Member (T)]. - This is an application for dispensing with the pre-deposit of duty of Rs. 2,44,168/- demanded from the applicants herein by the Assistant Collector of Central Excise, Division III, Ghaziabad which has been upheld by the Collector of Customs and Central Excise (Appeals), Gha....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....in the case of S.L.M. Udyog v. Collector of Central Excise. reported in 1994 (72) E.L.T. 492 where similar articles Tribunal had held classification would be under Chapter 73. Financially, the Learned Counsel pleaded, that the pre-deposit of duty cause them due hardship because as per their balance sheet for the period in the 31st March, 1994 suffered an accumulated loss of over Rs. 2,00.000/- ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....osition is very comfortable their current asset is more than their liability. They have arrived at the loss after providing for a generous depreciation. 4. We have carefully considered the submissions made by both the sides. On prima facie view of the issue under dispute, we are inclined prima facie to agree with the submissions made by the Learned DR that the goods in this case would appe....