1997 (5) TMI 136

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... P.R. Malik, Chartered Accountant, for the Appellants. Shri G.D. Sharma, JDR, for the Respondents. [Order per : G.A. Brahma Deva, Member (J)]. - The appellants M/s. Amitabh Textile Mills Ltd. have filed 5 appeals accompanied with the Stay applications for the waiver of pre-deposits of duty and penalty imposed on them. 2. The following amounts are required to be deposited for the p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....respect of reel hank. Further, Appeal No. E/771/97-D (Stay No. E/283/97-D) is related to search and seizure. 4. He submitted that the appellants have a strong prima facie case on merits in all the 5 cases and accordingly he requested for waiver of pre-deposits. Apart from the merits he submitted that the appellants' unit is a sick unit under BIFR (Board for Industrial and Financial Reconst....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....or of Central Excise, Belgaum, reported in 1996 (87) E.L.T. 463 (Tribunal), wherein stay has been granted taking into consideration that the unit of the assessees was in bad shape and before the BIFR was restructured in view of the law. 5. Arguing for the Revenue Shri G.D. Sharma, learned JDR submitted that merits and demerits are arguable and according to him that the appellants have no p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....shtra wherein the Supreme Court observed that in view of the Section 3(1)(sic) as per definition of sick industrial Company and this may be the one of the consideration for coming to decision by the Tribunal whether the dispute of duty demanded or penalty of levy would cause undue hardship to the petitioner or not. Taking over all facts and consideration of the case particularly noting that the ap....