ALLOY STEEL FORGINGS P LTD Vs. CEGAT

JUDGEMENT

(1.) The petitioner has prayed a writ of certiorari seeking quashing of the order dated 12th December, 1995 passed by the Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi, by which the Tribunal rejected the application of the petitioner for waiver in part. The petitioner had applied for dispensing with the pre-deposit of excise duty of Rs. 2,86,036/demand from the petitioner by the Assistant Collector, Central Excise, Division-Ill, Ghaziabad, which was the subject matter of appeal preferred before the Appellate Tribunal against the order passed by the Commissioner (Appeals) Customs and Central Excise, Ghaziabad who had affirmed the order passed by the Assistant Collector Central Excise. The Tribunal directed that the petitioner may deposit a sum of Rs. 1 lac on or before 28th February, 1996 instead of Rs. 2,86,036/- which the petitioner was required to deposit under Section 35F of the Central Excises and Salt Act, 1944.

(2.) Heard learned counsel for the petitioner and Sri Arun Kumar Gupta, learned Standing Counsel for the Union of India.

(3.) The learned counsel for the petitioner contended that the impugned order was passed without taking into account the balance-sheet of the petitioner's company drawn on 31st March, 1995 and further the prima facie case of the petitioner was also not considered in passing the impugned order. It was urged that the financial position of the petitioner was not such that the petitioner could make the deposit of Rs. 1,00,000/- as directed by the Appellate Tribunal.