9911796707
TMI Blog2003 (3) TMI 441X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Appellant. Shri Arun Chopra, DR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. Each of these applicants, filed an appeal before this Tribunal on 31-1-2002 against the order of the Commissioner of Central Excise, Surat, demanding duty of Rs. 86 lakhs approx, imposing equal penalty on the assessee, and imposing, inter alia, a penalty of Rs. 1 lakh on Hariharbhai J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Settlement Commission for settlement of their cases. This was done in terms of Section 32PA of the Act and there is no dispute about its applicability to the facts of this case. The assessee admitted its duty liability to the extent of Rs. 27.47 lakhs and deposited Rs. 7.47 lakhs before the Commissioner. The Commissioner admitted the application and fixed date for final hearing. On that day, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by us, the Counsel for the applicant cites the judgment of the Supreme Court in Laxmi Rattan Engineering Works v. Assistant Commissioner, Sales Tax, Kanpur and Another - 1968 (55) AIR 488 (S.C.) interpreting the word entertain occurring in Section 9 of the U.P. Sales Tax Act, 1948 to mean to proceed to consider on merits or adjudicate upon . The same meaning has been applied to the word en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 003. 7. An application for modification of the Tribunal s stay order relating to the assessee has also been filed. 8. It is contended that, subsequent to the stay order, there has been significant deterioration in the financial health of the applicant as a result of the general recession in the textile market, particularly because of floods, earthquake and riots in Gujarat. The net profit of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the financial health of the company between then and now. So far as the arguments on merits are concerned, there is no reason as to why these arguments could not be raised earlier before this Tribunal. The Tribunal s order is quite lengthy and detailed, running into seven pages, and it is settled law that stay application cannot be argued piece-meal. We therefore do not find any reason for modifi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
