PAREKH PLATINUM LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition, petitioners have challenged the order of the Tribunal dated 5-7-2007, whereby direction was given to the petitioners to pre-deposit an amount of Rs. 50 lakhs against the demand of duty of Rs. 1,14,67,020/-, for hearing the appeal on merits.

(2.) We have noted from the records that when the Appeal was filed before the Commissioner (Appeals), he directed pre-deposit of Rs. 5 lakhs against the said demand, on the ground of hardship. Now, Commissioner (Appeals) has also finally decided against the petitioners, upholding the order of the adjudicating authority.

(3.) Again, petitioners moved an appeal before the Tribunal along with an application for waiver of pre-deposit under Section 35F of the Central Excise Act. The Tribunal vide order dated 23-4-2007 directed the petitioners to deposit Rs. 50 lakhs as against the aforesaid demand. Thereafter, a Misc. Application for modification of the order dated 23-4-2007 was filed by the petitioners. Ultimately by order dated 5-7-2007, the Tribunal rejected the prayer to modify the order, but in the interest of justice, extended the period to deposit the amount of Rs. 50 lakhs by another six weeks.