2006 (4) TMI 175

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....petitioner seeks to impugn the two orders passed by the Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench at Mumbai (hereinafter referred to as 'the Tribunal'). These two orders were passed by the Tribunal on 22nd August, 2005 and 16th November, 2005. By the order dated 22nd August, 2005, the Tribunal have rejected the petitioner's application for complete waiver of pre-deposit ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... would be occasioned to the company, if they are directed to deposit any amount. He also submitted that since the order dated 22nd August, 2005 passed by the Tribunal did not specifically deal with this aspect, the application for modification was made but without disposing of the said application, the appeals have been dismissed by the order dated 16th November, 2005. It was, thus, submitted by t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....upra), the Supreme Court ruled thus : "- - - - - - - and, secondly, Section 22 of the Sick Industries Act, provides relief in regard to the proceedings which relate to (a) winding up of the industrial company; (b) execution, distress or the like against any of the properties of the industrial company, (c) the appointment of a receiver in respect thereof, and (d) proceeding in regard to suit for....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... to waiver of pre-deposit on that ground alone. The Tribunal though held that the company has not been able to make out a case of complete waiver of pre-deposit, the financial aspect of the company vis-a-vis undue hardship was kept in mind and considering the financial hardship pleaded by the company on the ground that it was sick industrial company, the Tribunal asked the petitioner to pre-deposi....