2014 (7) TMI 1138

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....harma, Advocate, for the Respondent. JUDGMENT This is an appeal under section 35G of the Central Excise Act, 1944 (the Act) against the order of the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (the Tribunal) dated 5-5-2014 [2014 (308) E.L.T. 565 (Tribunal)] partly dismissing the application of M/s. Jindal Steel & Power Limited (the Assessee) for exemption to pre-deposit the cle....

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....grieved by the order of the Commissioner, the Assessee filed an appeal. In this appeal, it also filed an application for exemption of pre-deposit of tax. 6. The aforesaid application was partly allowed on 5-5-2014 and the Tribunal stayed the deposit of penalty and further proceedings subject to deposit of a sum of Rs. 5,28,70,453/- alongwith up to date proportionate interest. 7. The As....

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....considering the application for exemption to pre-deposit the tax. 10. The underlying reason seems to be that in case the appeal is likely to be allowed, why should the assessee be saddled with huge amount at that stage. 11. In the facts and circumstances of the case, it is not necessary for us to go into the question whether prima facie case should be looked into or not. In paragraph 1....