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TMI Blog2014 (5) TMI 248X X X X Extracts X X X X X X X X Extracts X X X X ..... someone else. Ongoing into the merits of the matter and on a perusal of the order of the Tribunal does show that the Tribunal had taken this aspect into consideration and also examined the financial position of the assessee and on the other hand, had found there is no financial hardship, which had been pleaded by the assessee. - Order of tribunal sustained - amount to be deposited as per stay ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l in terms of its impugned order dated 23-7-2012 based on the application filed under Section 35F of the Act has granted relief to the appellant for waiver of pre-deposit but subject to the condition that the appellant should deposit Rs. 1.14 crore within six weeks from the date of the order and report compliance before the Registrar of the Tribunal by 11-10-2012, etc. 4. It is aggrieved by thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtent of pre-deposit of 2/3rd of the subject matter and therefore, does not call for interference and the interim order of stay granted by this court should be vacated, as in view of the interim order, the Tribunal is not able to proceed further in the matter. Appearing on behalf of the respondent Mr. Jeevan J. Neralgi, learned counsel, submits that it is not as though the Tribunal has totally dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Supreme Court reported in the decision of Basant Industries Ltd. v. Collector of Central Excise, Kanpur reported in 1995 (75) E.L.T. 21 (S.C.) wherein the provisions of Section 2(f) of the Act and erstwhile Rule 8(1) of the [Rules] had come up for interpretation, etc. 8. We have considered the submission made at the Bar. In the present appeal, what is invoked is Rule 10A of the [Rules] by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Mr. Shivadass, learned counsel the main appeal is pending before the Tribunal and the Tribunal having considered for the purpose of Section 35F of the Act and the order being not one to deny the relief totally in exercise of its jurisdiction has granted substantial relief. 10. We do not find any need to interfere at this stage, in an appeal of this nature against the interim order. 11. We ..... X X X X Extracts X X X X X X X X Extracts X X X X
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