2010 (1) TMI 590

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the Respondent. [Order per: V. Gopala Gowda, J.]. - The petitioner in this petition has questioned the order dated 16-11-2009 passed by the Customs Excise and Service Tax Appellate Tribunal (hereinafter referred to as 'CESTAT' South Zonal Bench at Bangalore dismissing the application for modification filed by the petitioner for waiver with further pre-deposite of Rs. 20,00,000/- and further issua....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....thin a period of 8 weeks from the date of the order and report compliance. Thereafter, an application was filed by the petitioner seeking modification of the order dated 7-8-2009 in the appeal giving certain particulars and contended that the total liability towards the excise duty is only 9,95,928/- taking into consideration the turnover of the structurals fabricated at site and the SSI benefit w....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f 10 lakhs is also imposed upon the petitioner. He has also placed reliance on the decision of the Hon'ble Supreme Court in the case of Indu Nissan Oxo Chemicals Industries Ltd. v. Union of India reported in 2008 (221) E.L.T. in support of the order of the CESTAT. Therefore, it is submitted by him that absolutely there is no justification for this Court to interfere with the said discretionary ord....