ILESH EXPORTS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned advocates for the parties for final disposal of the petition. Brief facts are as follows:-

(2.) Counsel for the petitioners pointed out that before the Tribunal plea of financial hardship was raised. The Tribunal, however, did not consider the same on the premise that no documents in support of such plea have been produced. Counsel drew our attention to the application for modification and accompanying documents which include besides others, the audit, balance-sheet and other financial statements of the petitioners. On the basis of such documents, learned counsel, however, submitted that in the preceding immediate two years, the petitioners had incurred losses in excess of Rs. 10,00,000/- and Rs. 5,00,000/- respectively. He submitted that if the amount of pre-deposit is not reduced, the appeal would be liable to be dismissed on account of the petitioners' inability to make such deposit.

(3.) On the other hand, counsel for the department submitted that in absence of any concrete evidence, the plea of financial hardship cannot be gone into.