Customs, Excise and Gold Tribunal - Mumbai
Rathi Transpower Pvt. Ltd vs Commissioner Of Central Excise on 12 January, 1999
Equivalent citations: 1999(114)ELT46(TRI-MUMBAI)
ORDER Gowri Shankar, Member (T)
1. Application is for modification of the Tribunal's order asking the applicant to deposit Rs. 20.00 lacs out of the demand of Rs. 85.45 lacs.
2. Advocate for the applicant says that the Tribunal had gone by its earlier order in the stay application filed by STS Chemicals Ltd. on an identical issue. The High Court however, on a Writ Petition filed before it reduced the deposit to be made by STS Chemicals Ltd. He further contends that the applicant's case is on a better footing, since the brand name is owned by it, known by the appellant company.
3. We do not think it appropriate to go into the later question, which had already been raised before the order was passed permitted the question and no doubt considered by it. However, High Court orders were passed much after Tribunal's order was passed, applying the quantum decided by the High Court, we reduce the amount to be deposited to Rs. 15.00 lacs. This is to be deposited within two months upon such deposit, we waive deposit of the remaining amount of duty only. Stay its recovery.
4. Compliance on 2-2-1999.