1996 (1) TMI 130

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....the petitioner challenges an order dated 25th July, 1995 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi, whereby it partly allowed an application moved by the petitioner under the proviso to Section 35F of the Central Excises and Salt Act, 1944 and directed it to deposit only a sum of Rs. 5,00,000/- towards excise duty of Rs. 10, 21,617.90 and penalty of Rs. 5,04,00....

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.... has partially waived the condition of pre-deposit and directed the petitioner appellant to deposit only Rs. 5,00,000/- as against the demand of over Rs. 15,00,000.00. 3. It was contended before the Tribunal that the order appealed against was made in violation of the principles of natural justice and the appellant was not allowed a proper opportunity of hearing. The Tribunal found that the pet....

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....has therefore to be the main criteria for exercise of power under the said proviso. The Tribunal has stated that no arguments about financial hardship were raised before it and no documents showing the present financial condition of the appellant were filed. The learned counsel for the petitioner Shri A.P. Mathur contended that he had argued the application for waiver before the Tribunal and he ha....

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....tion that at the relevant time its financial position was such that it could not deposit the amounts demanded. The learned counsel for the petitioner laid stress on the fact that the petitioner was declared a sick unit under the Sick Industrial Companies (Special Provisions) Act, 1985, A copy of the protection order passed by the Board for Industrial and Financial Reconstruction on 29-3-1991 has b....