STI INDUSTRIES Vs. CCE

JUDGEMENT

(1.) OUT of the total duty of Rs. 11,59,698/ - (Rupees Eleven Lakhs, Fifty Nine Thousands, Six Hundreds and Ninety Eight only) confirmed against the applicant -Appellant, they have already deposited an amount of Rs. 8,86,766/ - (Rupees Eight Lakhs, Eighty Six Thousands, Seven Hundreds and Sixty Six only). By treating the same as sufficient for the purposes of Section 35F, we dispense with the condition of pre -deposit balance amount of duty and entire amount of penalty.

(2.) IT is further seen that the Commissioner(Appeals) has dismissed the appeal for non -compliance with the Stay Order passed by him, vide which, after taking note of the fact of deposit of Rs. 8.86 lakhs approx., he directed the applicant to further deposit of Rs. 7 lakhs. (Rupees Seven Lakhs Only). As the Appellant did not deposit the directed amount of Rs. 7 lakhs, he dismissed the appeal for non -compliance.

(3.) STAY petition as also appeal gets disposed off in above manner.