AMBIENCE CONSTRUCTIONS INDIA LTD. Vs. CESTAT

JUDGEMENT

(1.) We have gone through the impugned judgment and order of the learned Tribunal and it has been passed while dealing with an application for waiver of pre-deposit made by the appellant before us. Therefore, we shall not detain ourselves from hearing the appeal on affidavit. After hearing the learned counsel for the parties, we dispose of the matter finally. The learned Tribunal has satisfied that prima facie case has been made out with regard to the period of limitation. Therefore, technical undue hardship has been established. Accordingly, the learned Tribunal granted part relief and made an order of waiver of pre-deposit to the extent of 50% of the tax component and interest thereon and also made a full waiver of the component of penalty.

(2.) We are of the view that when the learned Tribunal has observed that the question of limitation has to be gone into at the hearing of the appeal, we think, at this stage, it will be true hardship for the appellant to pay the interest component.

(3.) Accordingly, we modify the order of the learned Tribunal slightly by waiving full interest component also. However, the rest of the order will remain as it is. This waiver of interest component fully will be applicable provided the appellant executes a bond covering the 50% interest component within a period of seven days from the date of receipt of a copy of this order. This bond shall be executed by the appellant in favour of the Commissioner of Central Excise, Hyderabad-II, binding itself to pay the interest amount fully. Accordingly, this appeal is disposed of. Miscellaneous petitions, if any, pending shall also stand closed. No costs.