Sabari Millenium Impex Pvt. Ltd. vs CESTAT, Bangalore

T.B. Radhakrishnan, J—We heard the learned Counsel for the appellant and the learned Counsel for the Department. This appeal is against an order of the CESTAT refusing to pass an order of waiver of pre-deposit as sought for by the appellant before the CESTAT. The Tribunal directed that an amount of Rs. 1 crore be remitted as pre-deposit. This appeal was admitted and we see that an interim order was granted on 22-7-2014 staying the operation of Annexure A15 order, on condition of deposit of Rs. 25 lakhs.

Having heard the learned Counsel for the appellant and the learned Counsel for the Department today and on assessing the pleadings in Annexure A12 application for stay, we see that the Tribunal had addressed the issues raised on merits touching the assessments, however that, it failed to note that the appellant had also the plea that its financial condition is not sound enough to deposit the amount involved and the irreparable harm will be caused to the appellant, if the amounts are ordered to be deposited. On the totality of the facts and circumstances, we are of the view that ends of justice would be satisfied if the amount of pre-deposit is trimmed down to Rs. 50 lakhs, that is to say, on remitting an amount of Rs. 25 lakhs over and above the amount deposited in terms of the order dated 22-7-2014. Time for remitting such balance amount is fixed as three weeks from today. The impugned order will stand modified accordingly. On deposit of such amount, the CESTAT will, obviously, take steps to dispose of the appeal on merits, after hearing the parties. Appeal ordered accordingly.