2001 (7) TMI 789

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.... the Respondent. [Order per : S.L. Peeran, Member (J)]. -  This stay application has been filed against the dismissal of the appeal by the Commissioner (Appeals) vide order No. C. CUS. 151/01 dated 22-3-2001 under the provision of Section 129E of the Customs Act for not pre-depositing the amount of Rs. 2,09,627/-, as confirmed by the Dy. Commissioner and which the Commissioner had direc....

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....herefore they are liable to fulfil the demand in respect of duty free imports made by them. He submits that as the appellants are now faced with financial distress and are without business, therefore they may be given full waiver and the matter may be remanded for de novo consideration. 3. Appearing on behalf of the Revenue, the ld. DR opposed the prayer and pointed out that the appellants....

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....modification application was considered by the Commissioner and he has extended the time as the appellants do not have a strong prima facie case and the Revenue interest is required to be safeguarded. 5. On a careful consideration of the submissions made by both the sides, we find that there is a lot of force in the submissions made by the ld. DR. The appellants are having very good busine....

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....ugh their partners stating that they do not have any movable or immovable properties, therefore we are of the considered opinion that the order of the Commissioner be modified only to the extent that appellants to pre deposit Rs. 1 lakh within three months from the receipt of this order. On their pre-depositing and showing the pre-deposit receipt to the Commissioner, the Commissioner shall take up....