1995 (9) TMI 147

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..... [Order]. - By this petition under Article 226 of the Constitution of India the petitioner challenges an order dated 16th June, 1995 passed by the Customs, Excise & Gold (Control) Appellate Tribunal, North Regional Bench, New Delhi in Appeal No. 665/95-NRB whereby it rejected the petitioner's application under the proviso to Section 35F of the Central Excises and Salt Act, 1944 praying that....

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....der Section 35F which requires the person desirous of appealing against such decision or order to deposit with the adjudicating authority the duty demanded or the penalty levied. By the impugned order the learned Tribunal has held that the petitioner has no prima facie case in its favour. It has also held that no case of financial hardship was made out. 5. Having heard the Learned Counsel ....

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....ewith its Profit and Loss Account and Balance Sheet for the years ending 31-3-1993, and 31-3-1994. The Tribunal was dealing with the case in June, 1995 and the petitioner should have been required to show its financial position at that time for that purpose. The accounts as they stood on 31-3-1995, would have been relevant. The petitioner's building, plant and machinery had been confiscated under ....