ASSOCIATED SWITCH GEARS PVT LTD Vs. CEGAT

JUDGEMENT

(1.) This is a writ petition under Article 226 of Constitution of India against the condition of pre-deposit of Rs. 7 lacs as adjudged amount of Excise duty and penalty imposed by the Customs, Central Excise and Gold (Control) Appellate Tribunal, New Delhi while disposing of the stay-waiver application filed by the petitioner in the Second Appeal filed before the aforesaid Tribunal.

(2.) I have heard Sri A.P. Mathur, learned counsel for petitioner as well as, Sri H.N. Singh, learned Standing counsel for the respondents and perused the material brought on record.

(3.) It has been contended on behalf of the petitioner that the point of extended limitation which was raised in the stay/waiver application was not at all considered and decided by the learned Tribunal, and an unjust and harsh condition of pre-deposit of Rs. 7 lacs by way of Excise duty and penalty has been imposed but the petitioner is not in a position to deposit this huge amount of cash and the learned Tribunal has not considered the financial position of the petitioner to pay this huge amount.