GOLDEN TOBACCO LIMITED Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) Golden Tobacco Company, formerly known as GTC Industries Limited, have filed the present appeals CEAC Nos. 5/2010 and 14/2010 under Section 35G of the Central Excise and Salt Act, 1944 (Act, for short). CEAC No. 5/2010 is directed against the order dated 15th February, 2010 passed by the Customs Excise and Service Tax Appellate Tribunal (Tribunal, for short), disposing of their application for waiver of pre-deposit, with the direction to deposit two amounts of Rs.8,71,70,993/- and Rs.3,07,55,877/-. The impugned order grants waiver of deposit of the cumulative penalty of Rs. 20 Crores. CEAC NO. 14/2010 is directed against the order dated 19th July, 2010 passed by the Tribunal dismissing the original appeals filed by the appellant for failure to deposit the tax amount in terms of the earlier order dated 15th February, 2010. In this manner, the two appeals are inter-connected.

(2.) Questions of law as formulated by the appellant in the two appeals read as under:-

(3.) As the order dated 19th July, 2010 challenged in Appeal No. 14/2010 is consequential and sequitor to the earlier order dated 15th February, 2010, we have discussed and treated CEAC No. 5/2010 as the main appeal.