ORDER
Krishna Kumar, Member (Judicial)
1. Shri S. Narayanan, learned advocate appearing for the appellants submitted that there is a duty demand of Rs. 3,19,516/- and penalty of Rs. 1 lakh has been imposed under Rule 173Q. He also submitted that the Commissioner (Appeals) has dismissed the appeal for non-compliance under Section 35F of the Central Excise Act, 1944. He further stated that the appellants are under tremendous financial hardship and as such any order for pre-deposit of the duty and penalty may further put them under great financial hardship. Further he submitted that the applicants have got strong prima facie case on merits and they have every chance of success in appeal. He fairly conceded that in an identical matter this bench has ordered for making some pre-deposit.
2. Shri A.K. Saxena, learned JDR appearing for the Revenue reiterated the Order passed by the learned Commissioner (Appeals) and contended that the applicant may be asked to make some pre-deposit as in the previous cases.
3. After hearing both sides and perusal of the records, we direct the applicant to deposit a sum of Rs. 1 lakh towards the duty amount by 31.5.2003. On such deposit, we dispense with the requirement of pre-deposit of balance amount of duty and penalty and stay recovery thereof during pendency of the appeal. The matter to come up for reporting compliance on 02.06.2003.
(Dictated in Open Court)