9911796707
TMI Blog2011 (2) TMI 1070X X X X Extracts X X X X X X X X Extracts X X X X ..... at prima facie case for modification is made out, then, only a Tribunal shall deal with such application on merits, application dismissed following the ruling of Baron International vs Union of India [2003 (9) TMI 97 - HIGH COURT OF JUDICATURE AT BOMBAY] & Jai Prakash Strips vs. Commissioner of C.Ex. & Cus., Nasik [2009 (6) TMI 620 - CESTAT, MUMBAI)- having found no prima facie case for the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We have gone through this application and considered the averments contained therein. We have also heard the ld. SDR. 2. The application does not disclose any change of circumstance since the stay order was passed. It only reiterates the submissions already made in the stay application, which were considered by the Bench in the stay order. Moreover, this application was filed after expir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsuming major part of its working hours. This wastage of labour and working hours can easily be saved by the CEGAT, if application moved in this behalf is prima facie, examined by CEGAT to find out whether any change in circumstance after the previous order, is shown with sufficient material in that behalf; or any other reason prima facie, exists warranting modification of the previous order on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms of the above ruling of the Hon'ble High Court, we dismiss this application, having found no prima facie case for the appellant for modification of our stay order. 4. There is no evidence of pre-deposit of the aforesaid amount or any part thereof. Hence appeal is also dismissed for want of compliance with Sec. 35F of the Central Excise Act. (Pronounced in Court) - - TaxTMI - TMITax - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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