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TMI Blog2015 (9) TMI 935X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty proceedings does not and cannot arise - in view of insertion of the word ‘or’ the Tribunal cannot ask for the pre-deposit of the penalty also. According to us, the pre-deposit of the penalty amount would be required only when the order of the penalty alone is under challenge. But when there is composite order namely assessment order of the tax component along with interest and also penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3, by which the learned Tribunal has directed to make pre-deposit of the liability as assessed by the three adjudication orders within a time frame. This order was clarified by the Tribunal by its miscellaneous order No. 25998 of 2013, dated 4-4-2014, confirming that the appellant should deposit the entire amount as directed in the stay order including the interest and penalty amounts and not just ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would cause undue hardship to such person, the Commissioner (Appeals) or as the case may be, the Appellate Tribunal, may dispense with such deposit subject to such conditions as he or it may deem fit to impose so as to safeguard the interests of revenue...? 3. Therefore, it is clear that in view of insertion of the word or the Tribunal cannot ask for the pre-deposit of the penalty also. Accor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt extension of time to deposit the tax and interest components within a period of four weeks from date. In the event, the appellant carries out the order of the learned Tribunal read with our order within four weeks from date, our order would remain but in case of failure, the learned Tribunal may pass appropriate orders upon expiry of the time aforestated. 5. The appeals are accordingly dispo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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