2009 (6) TMI 105

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.... of the Central Excise Act, 1944 against the order dated 1st April, 2009 passed by the Customs, Excise & Service Tax Appellate Tribunal, New Delhi (hereinafter referred to as the "Appellate Tribunal") on the stay application filed by the appellant along with the Central Excise Appeal which Appeal had been filed against the duty and penalty imposed by the Commissioner of Central Excise, Meerut. 2.....

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....-existent and even plea of purchase of parts for fabrication and assembly not believable, Appellant's plea is that its expansion is proved from IIT Report and installed capacity expanded. These two pleadings need rigorous scrutiny by an elaborate hearing. It was also observed in adjudication order in para 25 that the IIT Professor Sri Mehta failed to appear for cross examination. He informed Reven....

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....ke compliance on 9-7-2009. If such direction is carried out, realization of balance demand shall be stayed till disposal of appeal." 3. Sri M.P. Devnath, learned counsel appearing for the appellant submitted that not only has the appellant a strong prima facie case but pre-deposit of such a huge amount will cause undue hardship to the appellant Company which in fact does not have a sound financia....

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....ed counsel for the parties have agreed that the Appeal itself may be decided at this stage. 5. I have carefully considered the submissions advanced by the learned counsel for the parties. 6. In SPL Siddhartha Ltd. (supra), this Court observed as follows:- "Having regard to the facts and circumstances of the present case, we are of the opinion that asking the petitioner to deposit the amount wil....