BHAWANI SHANKAR CASTINGS LTD. Vs. CCE, CHANDIGARH

JUDGEMENT

(1.) This application is for waiver of pre -deposit of duty amount of Rs. 1,82,625/ - and penalty amount of Rs. 1 lakh and for stay of recovery thereof pending the appeal before the Tribunal.

(2.) I have carefully examined the records and heard both sides.

(3.) The adjudicating authority confirmed a demand of duty to the aforesaid extent against these applicants and imposed on them a penalty of Rs. 1 lakh. Aggrieved by the order of adjudication, the applicants preferred appeal to the Commissioner (Appeals) and also filed a stay application like the present one seeking waiver of pre -deposit and stay of recovery. The stay application was disposed of by ld. Commissioner (Appeals) as per order dated 01.02.2000, whereby the party was directed to deposit an amount of Rs. 2 lakhs within 15 days under Section 35F the Central Excise Act. That order was received by the party of 03.02.2000. On 28.02.2000, i.e. after expiration of the stipulated period of 15 days, the party submitted an application to the Commissioner (Appeals) praying for a modification of the order by taking into account their financial hardships. Subsequently, after more than 6 months, the Commissioner (Appeals) took up the appeal for final disposal and passed order dated 31.08.2000 rejecting the appeal for non -compliance with the provisions of Section 35F. The appeal before the Tribunal is against that order of the lower appellate authority.