2001 (5) TMI 843

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..... [Order per : Justice K. Sreedharan, President]. - Appellant prays for waiver of pre-deposit and stay of operation of the order in view of pending appeal. According to the appellant, products worth Rs. 17,99,600/- were capitalised and were being utilised in Research and Development Section. On such capitalised goods manufactured by them, duty under the excise laws was not paid. Department obje....

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....ly used by them in their R&D Section. In relation to the said goods no duty was paid. The department while valuing the capital goods so consumed added 108% towards overhead charges. This aspect is under challenge. According to the learned Counsel representing the appellant, there was no justification for adding overhead charges also as has been done by the Department, as the value had been certifi....

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....ues is likely to cause great hardship to the applicant". In support of this ground no evidence has been made available before us. If there was any truth in this averments the balance sheet of the firm for the period ending 31-3-2000 should have been produced. This has not been done. In the absence of any evidence, we are not inclined to hold that any direction to make pre-deposit will cause undue....