- (1.) This petition is directed against the order dated 9-9-1993 passed by Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi. By the impugned order the Tribunal has rejected the application filed by the petitioner praying for waiver of pre-deposit of the excise duty and penalty pending decision of the appeal before it.
(2.) We have heard learned counsel for the petitioner and Shri Shisbir Kumar, learned Standing Counsel on behalf of respondents. Learned Standing Counsel agrees that this writ petition may be disposed of at this stage without inviting any counter affidavit. Accordingly, we proceed to do so.
(3.) From the perusal of the impugned order we find that the application for pre-deposit was rejected mainly for the reasons amongst others that from the balance sheet for the year ending 31-3-1992, it is seen that in the preceding year the petitioner had made a profit of over Rs. 6 lacs.;