Posted On by &filed under Customs, Excise and Gold Tribunal - Delhi, Tribunal.


Customs, Excise and Gold Tribunal – Delhi
Oil India Limited vs Commissioner Of Central Excise on 10 August, 2000
Equivalent citations: 2000 (122) ELT 142 Tri Del


ORDER

K. Sreedharan, J. (President)

1. The dispute raised in this appeal is one between a wing of the Government against Excise department of the Central Government. Duty demanded from the appellant is Rs. 16,52,61,500/-. Out of this amount, appellant has already deposited a sum of Rs. 7,46,65,970/-. Balance amount outstanding comes to Rs. 9,05,95,530/-. Over and above, an amount of penalty has also been levied on the appellant. Be that as it may, M/s. Oil India Limited is a business venture of the Government of India. We do not find any ground to doubt the solvency of M/s. Oil India Limited. Even if M/s. Oil India Limited is directed to deposit the amount, it will be a change of hand, money has to move from one hand to another hand of the Government of India. In this view of the matter, we waive the condition of pre-deposit as contemplated by Section 35F of the Act. Stay petition is ordered accordingly and respondent is directed not to take any step to recover any amount pursuant to the order impugned in this appeal until further orders. Post the appeal for final hearing on 8th September, 2000.


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