Central Excise Act, 1944
35F. DEPOSIT, PENDING APPEAL, OF DUTY DEMANDED OR PENALTY
LEVIED.
Where in any appeal under this Chapter, the decision or order
appealed against relates to any duty demanded in respect of goods which are not
under the control of Central Excise authorities or any penalty levied under
this Act, the person desirous of appealing against such decision or order
shall, pending the appeal, deposit with the adjudicating authority the duty
demanded or the penalty levied :
Provided that where in any particular case, the [ 100 Commissioner (Appeals) 100 ] or the Appellate Tribunal
is of opinion that the deposit of duty demanded or penalty levied would cause
undue hardship to such person, the [ 100 Commissioner (Appeals) 100 ] or, as
the case may be, the Appellate Tribunal, may dispense with such deposit subject
to such conditions as he or it may deem fit to impose so as to safeguard the
interests of revenue.