2014 (12) TMI 956

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..... ed in the decision of the Delhi High Court in Radhey Bai v. Savithri Sharma - [1975 (2) TMI 112 - DELHI HIGH COURT]. There is unvarying judicial authority for this principle, spelt out in the judgment of the Delhi High Court. Accordingly, in the circumstances and in the right of the settled legal position we declare that the interim order dated 23-2-2012 directing waiver of pre-deposit of the bala .....

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..... s sought. The adjudication order confirmed Service Tax demand of ₹ 1,60,34,077/- besides levy of interest and penalties as specified therein. By an order dated 23-2-2012 the stay application was disposed directing deposit of ₹ 40 lakhs (as agreed to be deposited by the appellant s counsel), within eight weeks and report compliance on 8-5-2013, as a condition for waiver of pre-deposit o .....

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..... he order. 2. Since Revenue is initiating steps for recovery of the entire adjudicated liability under the assumption that with the dismissal of the appeal vide the order dated 12-4-2013, the interim stay order had been eclipsed, notwithstanding restoration of the appeal as a consequence of the order of the High Court, the petitioner has moved this application seeking stay. 3. The issue wheth .....

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