2018 (11) TMI 574

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.....P. Agarwal, C.A. - for the appellant Shri Sanjay Jain, Authorized Representative (DR) - for the Respondent. ORDER Per. Rachna Gupta Arguments on the miscellaneous application praying for the waiver of mandatory pre-deposit as per the order of Hon'ble Rajasthan High Court dated 27/04/2018, heard. 2. Shri O.P. Agarwal, learned Consultant for the applicants has submitted that the ....

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....not maintainable. Same is prayed to be dismissed. 4. After hearing both the sides, we are of the opinion that the relevant provision for the purpose Section 73 (5) of Central Excise Act, 1944 has been amended w.e.f. 06/08/2014. Prior to the said amendment, the provision was giving a discretion to this Tribunal to consider the financial hardship and accordingly to determine the pre-deposit amoun....

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....r. It reads as follows:- "The appropriate remedy for the petitioner is to approach the appellate authority and if it is not in a position to pay the huge demand, it will be open for him to produce his financial condition and the turn over by way of an application before the appellate authority. The appellate authority will pass appropriate order looking to the financial stability of the conditi....