2015 (1) TMI 162

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..... st and matching penalty, condition of predeposit of ₹ 10 lakhs is imposed. No case for financial hardship was made out before the authority. No documents have been presented before us nor such case argued. Merely because there is prima facie arguable case of assessee, would not warrant total waiver of predeposit . The element of undue hardship, does carry the question of financial hardship a .....

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..... e order in original? (B) Whether the Tribunal can fail to consider the CBEC circulars and the decisions by coordinate benches on identical issues while passing orders on the stay application? (C) Whether the Tribunal can rely upon findings in the order of the Development Commissioner when the said order has not attained finality? (D) Whether the Tribunal can pass orders direct .....

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..... f the fact that there was no allegation of diversion or illicit clearance of goods, the proposal contained in the show cause notice of confiscation of goods was dropped. It was against this order that the assessee preferred appeal before the Tribunal. In order to enable the assessee to pursue the appeal on merits, the Tribunal by the impugned order imposed condition of predeposit of ₹ 10 lak .....

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