ITC LTD. Vs. COMMISSIONER OF CENTRAL EXCISE, BELAPUR

JUDGEMENT

(1.) THE applicants filed this application for modification of the stay order dated 13 -1 -2012. The applicants filed the stay application for waiver of pre -deposit of redemption fine only and that application was dismissed vide order dated 13 -1 -2012 on the ground that the Tribunal has no power to waive the pre -deposit of redemption fine. The applicants submitted that the Revenue is pressing for recovery of redemption fine. Therefore, the stay order may be modified.

(2.) WE find that as per the provisions of Sec. 35F of the Central Excise Act, the requirement for filing the appeal is to deposit duty and penalty only and the Tribunal is empowered to waive the deposit of duty demanded and penalty levied. As there is no requirement for deposit of redemption fine for hearing the appeal before the Tribunal, therefore, the question of waiver of redemption fine for hearing the appeal does not arise. In view of this, there is no merit in this application and the same is dismissed.