2013 (1) TMI 730

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....is writ application has been filed challenging an ex parte Order Nos. S-645-646/Kol/2012, dated 10th July, 2012 passed by the Customs, Excise and Service Tax Tribunal, Kolkata in stay petition Nos. SP-207-208/2010 in Appeal Nos. Ex.Ap. 180-181/2010 whereby the learned Tribunal directed the writ petitioners to pre-deposit 50 per cent of the duty demanded as a condition precedent for waiver of the b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of receipt of the said order. 4. The decision of the learned Tribunal holding that the modification of the order was not permissible in law, is misconceived. An order directing pre-deposit is an interim order and is liable to be varied and/or modified. Rule 41 of the Central Excise, Customs and Service Tax Tribunal (Procedure) Rules, 1982 enables the learned Tribunal to make such orders or t....