9911796707
TMI Blog2014 (4) TMI 647X X X X Extracts X X X X X X X X Extracts X X X X ..... certaining compliance of the stay order No.823/2012-Ex(DB) dated 17,05,2012 read with Miscellaneous Order No.1061/2012-Ex (Br) dated 09.10.2012, ld. Advocate appearing for the appellants submits that the stay order of the Tribunal was passed ex-parte, after dismissing stay petition in default. Thereafter they moved modification application, which was also dismissed for non-prosecution by subsequen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r modification application was listed for disposal but in the interest of justice, we recall stay order and proceed to decide stay petition. 4. After hearing both sides, we find that an amount of Rs.4,39,481/- stands confirmed against the appellant by denying them the benefit of transportation charges claimed by them from their customers for supplying their final products. The contention of the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry evidence to establish that the sale to the said buyers was on FOR basis. As such, we are of the view that the appellant has not been able to make out a case for unconditional stay. We accordingly direct the appellant to deposit an amount of Rs.1 lakh (Rupees one lakh) within a period of six weeks from today subject to pre-deposit of balance amount of duty and entire amount of penalty shall stan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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