1995 (4) TMI 174

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....er. Shri R. Santhanam, the learned advocate appeared. He pleaded that the total amount involved in these matters is Rs. 83,45,919.75 and there is a penalty of Rs. 25,00,000.00. The details of the amounts payable are as under :- Stay Application No. Duty Amount Penalty Amount E/Stay/ 229/95-A 5,57,870.30 1,00,000.00 E/Stay/137/95-A 73,35,946.05 22,00,000.00 E/Stay/237/95-A 2,90,677.72 1,00,000.00 E/Stay/257/95-A 1,60,564.42 1,00,000.00 E/Stay/280/95-A 861.26         83,45,919.75 25,00,000.00 Shri R. Santhanam, the learned advocate pleaded that in terms of proviso of Section 4 of the Central Excises and Salt Act, there can be a separate class of bu....

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.... the appellant has got a good case on merits. He pleads for the grant of stay. 2. Shri B.K. Singh, the learned SDR who has appeared on behalf of the respondent, pleaded that there is under-statement in part II price list and no prudent businessman will sell his goods lower than the cost price. He pleaded that there is substantial difference in part I and part II price list of the same commodity and as such, revenue has got a good case on merits. He fairly states that where there are expenses or earnings on account of post-manufacturing activity, in the real sense no excise duty is leviable on that and he pleaded for the rejection of the stay applications. 3. We have heard both the sides and have gone through the facts and circums....

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....tral  Excise, Calcutta reported in 1985 (22) E.L.T. 582 (Tribunal) had held as under : "We are in agreement with the contention of the counsel for the petitioner that the expression `undue hardship' occurring in the proviso to Section 35F of the Central Excises and Salt Act, 1944, would include consideration, inter alia, of the aspect of liquidity possessed by the assessee. We are not inclined to take the view that the impugned order gives any indication that aspect has been completely ignored as was contended by counsel. With these observations, the special leave petition is dismissed." 4. Keeping in view the totality of the facts and circumstances of the case and the liquidity position of the appellant and the fact that th....