JUDGMENT
V.K. Agarwal
1. Shri K.P. Chowdhury, learned Advocate for the applicant/appellant company mentioned that on account of financial hardship, the applicants/appellants could not comply with the Stay Order No. S-960/KOL/2001 dated 26.9.2001 vide which the Tribunal directed them to deposit the entire amount of duty of Rs. 6,39,581.04 (Rupees six lakh thirty-nine thousand five hundred eighty-one and paise four). He, further, mentioned that as the company has been referred to B.I.F.R., the requirement of predeposit may be waived.
2. Shri D.K. Bhowmik, learned D.R. for the Revenue, on the other hand, mentioned that all these arguments were considered by the Tribunal while considering the Stay Petition filed by the applicants/appellants. He also drew our attention that the compliance was to be reported initially on 28.11.2001 and an extension of time for depositing the amount had already been given to the applicants/appellants. He, therefore, prayed for dismissal of the appeal.
3. After considering the submissions of both sides, we find no justification for waiver of predeposit, as all the pleas advanced by the applicants/appellants had been considered while disposing of the Stay Petition. As the amount directed under this Stay Petition, had not been deposited, we dismiss the appeal for non-compliance with the provisions of Section 35F of the Central Excise Act, 1944, after rejection the Miscellaneous Application.
Dictated in the open court.