THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN C.E.A.No.48 of 2009 17-08-2009 BETWEEN; S.Madan Mohan ...Appellant vs. The Commissioner of Customs and Central Excise, Hyderabad-II ...Respondent THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN C.E.A.No.48 of 2009 ORAL ORDER: (Per RR,J) Aggrieved by the Order passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Branch, Bangalore, in C/ST/204/2007 in C/559/2007, dated 19-05-2009 the present Appeal is filed. In its order dated 19-05-2009, the Tribunal observed that the appellant was required to pre-deposit in all a sum of Rs.60,00,000/- towards penalty and that the role of the appellant, in these cases, was to arrange foreign exchange for the main appellant and show that the same were sale proceeds of the goods exported. Considering the request made on behalf of the appellant that a lenient view be taken, the Tribunal directed him to deposit a sum of Rs.4,00,000/- within three months from the date of order. As against the sum of Rs.60 lakhs required to be deposited by the appellant towards pre-deposit, the Tribunal has directed payment of less than 1/10th thereof i.e., a sum of Rs.4 lakhs. The discretion exercised by the Tribunal does not give rise to a substantial question of law necessitating interference by this Court under Section 130 of the Customs Act,1962. The Appeal is, therefore, dismissed. However, taking into consideration the fact that the time for making pre-deposit expires tomorrow i.e, 18-08-2009, we deem it appropriate to extend the said period by a further period of one (1) week from today i.e., till 24-08- 2009. No costs. ______________ GODA RAGHURAM,J __________________ RAMESH RANGANATHAN,J 17th AUGUST, 2009. TSNR