TaxTMI 
TaxTMI 
2009 (6) TMI 22
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.... directed to deposit a sum of Rs.5 lacs. This order was passed on the stay applications filed by the appellants in Central Excise Appeals which were preferred by them against the order dated 7th November, 2008 passed by the Commissioner Central Excise, NOIDA. The appellants in Central Excise Appeal Nos. 146 of 2009 and 147 of 2009 are the Directors of M/s Lamicoat International Private Limited (hereinafter referred to as ''M/s LIPL') while the appellant in Central Excise Appeal No.148 is the Manager of M/s LIPL. By the order dated 7th November, 2008, the Commissioner Central Excise NOIDA confirmed the demands of duty of Rs.8,45,11,283/-, Rs.15,68,167/-, Rs.75,80,380/-, Rs.14,70,682/- and Rs.3,90,734 and an equal amount of penalty against M....
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....ay petitions. Therefore, we direct the applicant to deposit Rs.18,61,416/- (rupees eighteen lakhs sixty one thousand four hundred sixteen) [Rs.14,70,682/- + Rs.3,90,734/-] towards duty within eight weeks from today and an amount of penalty of Rs. 18,61,416/- (rupees eighteen lakhs sixty one thousand four hundred sixteen)[Rs.14,70,682/- + Rs.3,90,734/-]............The other applicants namely, Shri Lok Nath Prasad Gupta, Shri Om Prakash Gupta and Shri Dipanker Ghosh are directed to deposit a sum of Rs. 5 lakhs (rupees five lakhs) each with eight weeks from today. Subject to deposit of the above amounts, pre-deposits of the balance amount of duties, penalties and interests are waived and recovery thereof stayed till disposal of the appeals."....
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....ell as the decision of the Supreme Court in Monotosh Saha Vs. Special Director, Enforcement Directorate, 2008(229) ELT 492 (SC) and submitted that there is no infirmity in the impugned order and, therefore, the Appeals deserve to be dismissed. The substantial question of law that arises for consideration in this Appeal is as to whether the Appellate Tribunal was justified in law in directing the appellants to deposit Rs.5 lacs each in cash as pre-deposit for hearing of the Appeal. Learned counsel for the parties have agreed that the Appeal may be decided at this stage. I have carefully considered the submissions advanced by the learned counsel for the parties. By the order dated 7th November, 2008 passed by the Commissioner Central Exci....
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....lead to public mischief, grave irreparable private injury or shake a citizens' faith in the impartiality of public administration, interim relief can be given." In I.T.C. (supra), a Division Bench of this Court observed as follows:- "The expression "undue hardship" has a wider connotation as it takes within its ambit the case where the assessee is asked to deposit the amount even if he is likely to exonerate from the total liability on disposal of his appeal. Dispensation of deposit should also be allowed where two views are possible. While considering the application for interim relief, the Court must examine all pros and cons involved in the case and further examine that in case recovery is not stayed, the right of appeal conferred by ....