Judgements

City Travels vs Commissioner Of C. Ex. on 12 September, 2006

Customs, Excise and Gold Tribunal – Tamil Nadu
City Travels vs Commissioner Of C. Ex. on 12 September, 2006
Bench: P Chacko, K T P.


ORDER

P.G. Chacko, Member (J)

1. In Stay Order No. 859/2006 dated 25-7-2006 2006 (4) S.T.R. 543 (Tribunal), we had directed the appellants to pre-deposit an amount of Rs. 5 lakhs within a period of 4 weeks. On 11-9-2006, when the matter came up for report of compliance, it was submitted by learned Counsel that a modification petition had been filed by the party. This petition is arising today for consideration. After a perusal of this petition and the documents annexed thereto and hearing both sides, we find that one of the buses operated by the appellants (M/s. City Travels) was gutted in fire and that two members of the crew died in that accident. In the light of this unfortunate incident, the appellants are seeking a modification of the amount for pre-deposit. Their Counsel today offers to deposit an amount of Rs. 1 lakh, given 4 weeks time. We have heard learned SDR also.

2. We are inclined to be humane. Accordingly, the appellants shall pre-deposit only an amount of Rs. 1 lakh (Rupees one lakh only) within 4 weeks from today. Report compliance on 18-10-2006.

3. The stay order will stand modified to the above extent.

(Dictated and pronounced in open Court)