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CX - Application for waiver of pre-deposit on the ground that factory is closed and FIs have taken over possession of all movable and immovable assets is dismissed as making of pre-deposit of 7.5% of duty is mandatory: CESTAT

By TIOL News Service

MUMBAI, JAN 10, 2016: AGAINST an order-in-original dated 31.7.2015 passed by the CCE, Goa, the appellant is before the CESTAT.

They have filed a miscellaneous application along with their appeal and seek waiver of pre-deposit of 7.5% of the duty demanded in the said order.

It is prayed that the order was passed by the adjudicating authority without application of mind and without appreciating the merits of the case. It is further informed that the factory is lying closed since June, 2011 and financial institutions have taken over possession of all movable and immovable assets in February, 12 under SARFAESI Act, 2002.

The Bench in a terse order expressed its inability to grant any waiver by observing thus -

"3. In terms of Section 35F, any appeal filed before the Tribunal must be accompanied by pre-deposit of 7.5% of the duty or penalty as the case may be. This being mandatory requirement under Central Excise Law, there is no provision for waiver of pre-deposit."

In fine, the Miscellaneous Application was dismissed and the appeal was held as non-maintainable.

(See 2016-TIOL-94-CESTAT-MUM)


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