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TMI Blog2013 (9) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... tation of the order passed by the CESTAT with respect to penalty only - Meaning thereby, During the pendency and final disposal of the main Tax Appeal, there shall not be any coercive steps/recovery proceedings to recovery the amount of penalty and the applicant to pay the entire amount of duty liability and interest and whatever amount was already paid, the same shall be appropriated towards the duty liability and interest - However, aforesaid adjustment shall be without prejudice to the rights and contentions of respective parties in the main Tax Appeal. - CIVIL APPLICATION No. 370 of 2010, TAX APPEAL No. 1632 of 2010, CIVIL APPLICATION No. 452 of 2011, TAX APPEAL No. 1632 of 2010, CIVIL APPLICATION No. 363 of 2013 - - - Dated:- 11-9-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a further sum towards part interest/penalty liability is also paid. It is further reported that in all, the applicant has already paid Rs. 9,12,48,610/= [towards duty and part payment towards interest and penalty]. Shri Mihir Joshi, learned senior advocate appearing for the applicant has vehemently submitted that as approximately 50% amount has already been paid/deposited, and the applicant-company being a public sector undertaking, it would be just and proper to grant interim stay of further operation and implementation of the impugned order passed by the CESTAT. Shri Yogesh Ravani, learned advocate appearing for the respondent-Revenue has stated that as such, no financial constraint has been pleaded by the applicant-company. It is sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order, while admitting the Tax Appeal, the Tax Appeal has been admitted. Under these circumstances and in the facts and circumstances of the case, more particularly when the applicant is a public sector undertaking and the fact that if the recovery proceedings qua recovery of penalty is stayed, it will meet with the ends of justice and it will be in the fitness of things. In view of the above and in the peculiar facts and circumstances of the case, the present OJCA No. 363 of 2013 is allowed in part. It is directed that during the pendency and final hearing of the main Tax Appeal, there shall be stay of further operation and implementation of the impugned order dated 24th March 2010/19th May 2010 passed by the CESTAT with respect to pen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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