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TMI Blog2015 (1) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the pre-deposit with interest. Therefore, the loss of interest on this account is a financial loss which cannot be recovered by the applicant even if they succeed finally in the matter. On the other hand, if Revenue succeeds they would be entitled to recover the entire amount together with interest thereon. Therefore, the balance of convenience is always in favour of the Revenue. In such a si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount of dues payable according to statute have been paid and therefore the stay application is infructuous. Nevertheless, after hearing the appellants for quite some time, we found that matter is required to be remanded. This is because of the submissions made in paragraph 5 by the appellant, which is reproduced below. 5. BRIEF REASONS FOR SEEKING STAY 5.1 For the sake of brevity, the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the matter. On the other hand, if Revenue succeeds they would be entitled to recover the entire amount together with interest thereon. Therefore, the balance of convenience is always in favour of the Revenue. In such a situation inspite of a strong prima facie case in favour of the applicant and if they are directed to pre-deposit any part of the demand it would cause undue hardship to them. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hardship, but would also cause untold misery to the applicant. 5.5 Further, the ratio of the decision of the Supreme Court in the case of Ravi Gupta vs. Commissioner of Sales Tax, Delhi [2010 (20) S.T.R. 264 (S.C.)], Benara Valves Ltd. vs. Commissioner of Central Excise [2008 (12) S.T.R. 104 (S.C.)] and United Telecom Ltd. vs. Commissioner of Customs [2010 (259) E.L.T. 322 (Kar.)] is squarely a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd penalty would cause undue hardship. 2. Accordingly the impugned order is set aside and the matter is remanded to the original authority who shall proceed to hear the appeal and verify whether the submissions are correct and pass an appropriate order. It is made clear that we have not expressed any opinion on merits. It is also made clear that whether the amount already paid should be refunde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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