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TMI Blog1984 (9) TMI 277X X X X Extracts X X X X X X X X Extracts X X X X ..... rro Coatings Colours Ltd., P.O. Joka, Dist. 24-Par-ganas has presented a Stay Application in the Registry on the 13th day of August, 1984. This Stay Application arises out of Appeal No. CD(S) CAL-183/80. It is a transferred matter. The applicant had filed a revision application before the Secretary, Ministry of Finance (Dept. of Revenue), New Delhi on the 13th day of March, 1980. The same has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so expressly or by necessary intendment. He has pleaded that even in the stay petition he has made this prayer that in the instant case no pre-deposit of penalty is required and his prayer for the grant of stay is an alternative prayer in para No. 4 of the stay petition dated the 10th August, 1984. Ha has pleaded that this Court should pass necessary orders to the effect that there is no requireme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on aggrieved by- (a) any order passed under Sec. 128, or (b) any order passed under Sec. 130 otherwise than on the application of any aggrieved person, or (c) any order passed on the application of any aggrieved person under Sec. 130 where the order is of the nature referred to in either of the proviso to sub-section (1) of that section, annual or modify such order. (2) An application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the substantive right of the applicant. We very respectfully follow the judgment of the Hon ble Supreme Court in the case of State of Bombay v. M/s. Supreme General Film Exchange Ltd. reported in AIR 1960 S.C. 980, and hold that since there was no requirement of pre-deposit of penalty under old section 131 of the Act, in the instant case requirement of pre-deposit of penalty will tantamount t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich, when the statute came into force, were final, are provisions which touch existing rights. Extract taken from Kanga and Palkhivala s THE LAW AND PRACTICE OF INCOME TAX, Seventh Edition, Vol. 1, page 7, (not cited by the parties). We would also like to refer the judgment in the case of Amin Chand Pyaralal v. Collector of Central Excise, Chandigarh, reported in 1984 (16) E.L.T. 126 wherein the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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