1996 (11) TMI 85

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....ioners preferred an appeal before the respondent No. 3. Since the order appealed against by the petitioners before respondent No. 3 included the levy of penalty against them, in the appeal preferred by them they made an application under Section 129E of the Customs Act, 1962 for dispensing with the requirement of pre-deposit of the penalty amount levied by the respondent No. 1. By an order passed ....

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.... of the opinion that the deposit of penalty levied would cause undue hardship to a person, it may dispense with such deposit on such conditions as it may deem fit to impose to safe-guard the interests of Revenue. By a mere cursory look at the proviso to Section 129E of the Act. I find that the power to dispense with the requirement of pre-deposit is a discretionary power vested in the Tribunal, an....