2013 (12) TMI 1189

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....atter where interest, on duty paid later than due date, amounting to Rs.5,39,711/- was demanded and confirmed against M/s.Sangam Organics & Chemicals Ltd. who filed Appeal E/604/2010 before Tribunal. At the time of hearing, the application for waiver of pre-deposit of the interest demanded for admission of appeal, the Tribunal passed Stay Order No.526/12 dt. 26.6.2012 directing the appellant-compa....

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....Central Excise Act will cause injustice not only to the appellant-company but to other creditors of the company and therefore it was prayed before the High Court that the Tribunal should be directed to hear the appeal without insisting upon pre-deposit. The Hon'ble High Court considered the matter and passed order dt. 11.4.2013. The relevant part of the order is reproduced below:- 'As proviso t....

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.... official liquidator that pre-deposit may be waived for admission of appeal in exercise of the discretionary powers vested in the Tribunal under section 35F of the Central Excise Act. 3. Opposing the prayer, Ld. AR for Revenue submits that that the amount involved is interest on a liability which was admitted andpaid by the applicant and interest cannot be waived. He also submits that even when....