2008 (5) TMI 527

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....t. Shri V.K. Agarwal, DR, for the Respondent. [Order per : Justice S.N. Jha, President (for the Bench)]. -  In terms of the impugned order of the Commissioner (Appeals), the appellant is required to pre-deposit Rs. 17,49,504/- under Section 35F of the Central Excise Act. They have filed application seeking waiver of pre-deposit. Heard the parties on the said application. 2. T....

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....nt is that balance was lost due to leakage of water. 4. After hearing the learned Consultant at length, we are not able to reconcile to the appellant's case of loss of work-in-progress of such huge quantity considering the level of production for the entire year. As rightly pointed out by learned DR, loss allegedly took place towards the end of the year which means that for almost the enti....

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....bilitation scheme framed by the BIFR and in that view, as held by the Supreme Court in the case of Parekh Platinum Ltd. v. UOI [2008 (221) E.L.T. 485 (S.C.)], the requirement of pre-deposit may be waived. 7. On behalf of the Revenue our attention was drawn to an earlier decision of the Supreme Court in Metal Box India Ltd. v. CCE, Mumbai [2003 (155) E.L.T. 13 (S.C.)], wherein it was held t....

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.... the learned Counsel for reasons more than one, First, this aspect was not the subject matter of the order under challenge and, secondly, Section 22 of the Sick Industries Act, provides relief in regard to the proceedings which relate to (a) winding up of the industrial company; (b) execution, distress or the like against any of the properties of the industrial company, (c) the appointment of a re....