SHREE KRISHNA INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties for final disposal of the petition. The issue is brief. The petitioner had preferred an appeal before the Tribunal against an order in original passed by the Commissioner on January 4, 2011. The Tribunal imposed a condition of pre-deposit of 25% of the duty confirmed. The petitioner approached this Court in Special Civil Application No. 4574 of 2012 in which this Court on July 02, 2012 reduced the pre-deposit requirement of Rs. 25 lac, which the petitioner was required to deposit within 12 weeks from the date of the order.

(2.) On a note for speaking to minutes moved by the department, the Court by an order dated August 06, 2012 clarified that the amount to be deposited by the petitioner would be Rs. 55 lac.

(3.) It is not in dispute that such amount has been deposited by the petitioner. The same was done about one and a half month beyond the time prescribed by this Court. On such basis the Tribunal dismissed the Tax Appeal by the impugned judgment dated October 30,2012. Hence, the petition.