J.S. STEEL TRADERS Vs. CESTAT

JUDGEMENT

(1.) THE appellant challenges order dated 21 -5 -2013, passed by the Customs, Excise & Service Tax Appellate Tribunal, New Delhi, directing the appellant to deposit penalty of Rs. 10 lacs as a condition precedent to hearing of its appeal. Counsel for the appellant submits that the learned Tribunal has misdirected itself and even otherwise has relied upon a similar order passed in the case of the manufacturer though the order was not made available to the appellant.

(2.) WE have heard counsel for the parties and find no error in the discretion exercised by the Tribunal. The appellant has been fasted with a liability of Rs. 50 lacs but the Tribunal has in the exercise of its discretion reduced the amount to be deposited as pre -deposit to Rs. 10 lacs. In the absence of any error of jurisdiction or of law, we find reason to interfere and dismiss the appeal accordingly.