1996 (9) TMI 151

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....l hearing. 2. The Petitioner M/s. Grasim Industries Limited which is a public limited company has approached this Court against the order of the Customs Excise and Gold (Control) Appellate Tribunal made under proviso to Section 35F of the Central Excises and Salt Act, 1944. The dispute relates to the adjustments of inputs of Visco Staple Fibre. The petitioner company was directed by the a....

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....der directing the petitioner company to deposit a sum of Rs. 1,00,00,000/- (Rupees one crore only) on or before 27-9-1996 and report compliance on 30-9-1996 for entertaining the appeal. Aggrieved by the same, the petitioner-company has approached this Court for the relief as prayed for. 3. Mr. Arvind P. Datar, learned Counsel for the petitioner company strenuously urged that there is an i....

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....l Government Standing Counsel for the respondents. In the instant case, the point for consideration is whether the first respondent has exercised its discretion under proviso to Section 35F of the Act, in accordance with law with regard to pre-deposit amount for entertaining the appeal under Section 35B of the Act. I am of the view that under proviso to Section 35F of the Act, the Appellate Tribun....

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....t of a sum of Rupees one crore in one lump sum upon the facts and circumstances of the instant case will result in undue hardship to the petitioner company. On this aspect of the matter, I feel that ends of justice will be served by directing the petitioner company to pay a sum of Rupees one crore in four equal instalment of Rs. 25,00,000/- from 1-11-1996. The first instalment of Rs. 25,00,000/- s....