9911796707
TMI Blog2014 (9) TMI 447X X X X Extracts X X X X X X X X Extracts X X X X ..... November, 2013 passed by the Customs, Excise and Service Tax Appellate Tribunal (in short "CESTAT"), Eastern Bench, Kolkata disposing of an application for stay as well as waiver of pre-deposit by directing the petitioner to deposit 25% of the duty demanded within 8 weeks from that date. 2. The petitioner alleges that due to devastating fire broken out in the factory, some finished and unfi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... While deciding the application seeking waiver of the pre-deposit, the Tribunal has proceeded to dispose of the same by recording its satisfaction that once an application for remission of duty is rejected, the said order including its findings become final and, therefore, held that no prima facie case is made out. 6. From the recording made by the Tribunal relating to the submissions advance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. Furthermore the consideration for application seeking waiver of the pre-condition deposit is well recognized, as in such case the authorities must record their satisfaction relating to the undue hardship and while doing so shall also take into account the interest of the Revenue. 9. The aforesaid satisfaction should be arrived independently and on the basis of the materials available with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a specific stand of the petitioner that the order passed on an application for remission of duty have no nexus to the present proceeding before this Court. 12. This Court, therefore, finds that the Tribunal has proceeded to decide the matter extraneously without recording any satisfaction relating to the existence of a prima facie case, irreparable loss and injury, balance of convenience an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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