Prova Bhattacharjee vs Commr. of C. Ex.

Kalyan Jyoti Sengupta, C.J.—We have heard the learned counsel for the appellant. We admit the appeal on the following substantial question of law:

"Whether financial hardship is also one of the criteria for waiver of pre-deposit?"

The learned Counsel appearing for the Revenue, on caveat being lodged, takes notice of the appeal.

The learned Tribunal held that financial difficulty is a secondary requirement for consideration of waiver of pre-deposit. According to us, this is not the correct position of law and it is settled by the Supreme Court that financial hardship is also one of the primary criteria for passing an order of waiver of pre-deposit for undue hardship is ordinarily meant as pecuniary one. We, therefore, hold that the finding of the learned Tribunal on this aspect is not sustainable. However, we notice that no material was produced before the learned Tribunal showing financial hardship. Relevant balance sheet has been produced before us and we notice that there is material to consider the case of financial hardship.

Accordingly, we set aside the order of the learned Tribunal to the extent the appellant is aggrieved. We direct the learned Tribunal, on a proper application being made to it enclosing the material within a fortnight from the date of receipt of a copy of this order, to rehear the matter on the question of waiver of pre-deposit on account of financial hardship and pass appropriate orders. If no application is made within a fortnight, our order will stand recalled and this matter in that case will stand dismissed. The appeal is accordingly disposed of. Miscellaneous petitions, if any, shall stand closed. No order as to costs.