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Judgment
C.M. Nos. 15165-15166/2014 (Exemption) in CUSAA 32/2014: C.M. No. 16544/2014 (Exemption) in CUSAA 38/2014: The exemption are allowed subject to all just exceptions.
CUSAA 32/2014 and CM Nos. 15164/2014
CUSAA 38/2014 and CM Nos. 16543/2014, 16545/2014
In these appeals the main point urged by the learned counsel for the appellants was that the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) by virtue of its order dated 24-7-2014 (Order No. C/SO/52609-52617/2014 and 52618/2014-CU[DB]) has directed pre-deposit of the penalty amount to the extent of Rs. 6,00,000/- (Rupees Six Lakhs) each as against the penalty imposed of Rs. 10,00,000/- (Rupees Ten Lakhs) each, without considering the plea of financial hardship which has been specifically raised by both the appellants.
We have gone through the impugned order dated 24-7-2014. We do not find any reference of the plea of financial hardship which had been raised by the appellants. Consequently, insofar as the appellants are concerned, the impugned order dated 24-7-2014 is set aside and the matter is remitted to the Tribunal for consideration afresh of their stay application, specifically taking into account the plea of financial hardship which has been raised by both the appellants. The present appeals stand allowed to the aforesaid extent. There shall be no order as to costs.