9911796707
TMI Blog2013 (4) TMI 355X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal (appeal No. 47 of 2012) along with an application for stay. By an order dated 23.11.2012 appellate court has granted the stay to the extent of 55% of the tax amount as assessed by the assessment order. Feeling aggrieved by the said fact, the petitioner field a second appeal (second appeal No. 370/12) before the Tribunal. By order dated 21.12.2012, the same has been dismissed. In view of the abovesaid factual background, the present revision has been filed by the revisionist before this Court. I have heard learned counsel for the parties and gone through the records. A Division Bench of this Court in the case of I.T.C. Ltd. vs. Commissioner (Appeals), Custom & Central Excise, Meerut-I 2005 (184) E.L.T. 347 (ALL.), (paragraph no.35) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xonerate from the total liability on disposal of his appeal. Dispensation of deposit should also be allowed where two views are possible. While considering the application for interim relief, the Court must examine all pros and cons involved in the case and further examine that in case recovery is not stayed, the right of appeal conferred by the legislature and refusal to exercise the discretionary power by the authority to stay/waive the pre-deposit condition would be reduced to nugatory/illusory. Undoubtedly, the interest of the Revenue cannot be jeopardized but that does not mean that in order to protect the interest of the Revenue, the Court or authority should exercise its duty under the law to take into consideration the rights and in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d its mind so far as the existence of the prima facie case on merits on appeal as well as the financial condition which are to be considered by them (appellate authority/tribunal) while passing the impugned orders on an application for stay pending in the first appeal. The said mandatory condition is to be taken into consideration while disposing of an application for interim relief moved by the assessee by the appellate authority as well as tribunal during the pendency of appeal. For the foregoing reasons, without entering into the merit of the case, the present revision is disposed of with a direction to the first appellate authority to decide the appeal filed by the assessee expeditiously say within a period of two months from the date ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
