Judgment

Y. K. SABHARWAL, J.

( 1 ) LEAVE granted.

( 2 ) A show cause notice that was issued to the appellant resulted in confirmation of the demand of Rs. 12,24,492/-on the ground that freight expenses from appellants factory to the buyers place were includible in the assessable value/in addition to confirmation of demand, penalty of the like amount was also imposed on the appellant and interest was also held payable. In appeal, the commissioner of central excise (appeals) maintained the order of adjudication but reduced the penalty amount to Rs. 4. 5 lacs. Two appeals were filed before customs, excise and gold (control) appellate tribunal; one by the appellant and another by the revenue. The revenue challenged in its appeal the order of the commissioner (appeals) to the extent of reduction of penalty amount. In the appeal of the appellant a conditional order of pre-deposit of Rs. 2. 5 lacs was made by the tribunal for entertaining the appeal. The High court in the writ petition declined to interfere with the said order of pre-deposit. The time for making deposit was, however, extended by the High Court up to 11th December, 2000. The appeal of the appellant was dismissed by the tribu