VISWANATH KHANNA Vs. CC

JUDGEMENT

(1.) SHRI L.P. Dhir, Ld. Advocate appearing for the appellant submitted that the appellant may be given relief in pre -deposit of penalty. He submits that the appellant is facing financial hardship and so he is not in a position to deposit the amount so ordered by the Hon'ble Delhi High Court. He submits that in case the appellant's application for modification of the order of the Hon'ble Delhi High Court is not acceded to, then the applicant's substantive right of Appeal, shall be lost.

(2.) HE submits that this Tribunal had directed the appellant to deposit a sum of Rs. 25 lakhs. Against this, the appellant filed a Writ Petition before the Hon'ble Delhi High Court, which after hearing the appellant reduced the amount to Rs. 15 lakhs. He submits that against this the appellant filed an Appeal before the Apex Court which did not like to interfere with the order of the Hon'ble Delhi High Court. He submits that the amount thus to be deposited is Rs. 15 lakhs, but he is not in a position to deposit the same. He therefore, prays that the order may be modified and the waiver may be granted from depositing the penalty amount.

(3.) SHRI T.A. Arunachalam, Ld. JDR submits that the orders have been passed by the Hon'ble Delhi High Court after considering the facts of the case keeping in view the financial hardship. The appellant therefore be directed to deposit a sum of Rs. 50,00,000 (Fifty lakhs) as against Rs. 15 lakhs as the period is over. He submits that since the Final order was passed by the Hon'ble Delhi High Court, the Tribunal does not have jurisdiction to interfere with the order.