9911796707
TMI Blog2015 (10) TMI 699X X X X Extracts X X X X X X X X Extracts X X X X ..... ty and interest. We may not disagree entirely with the discretion exercised by the Tribunal but as the Tribunal has found a prima facie case, the amount of pre-deposit assessed by the Tribunal is too steep and may render the right to agitate the appeal illusory. It would be appropriate to point out that Legislature has, during pendency of the appeal, amended Section 35F of the Act by requiring an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot prescribe pre-deposit of any particular amount as a pre-condition to the hearing of an appeal. The Tribunal is, therefore, required to decide the application for stay by considering whether the assessee has a prima facie case or suffers from any hardship. The impugned order directing, the appellant to pay ₹ 2.00 crores is not only harsh but deprives the appellant of the right to an appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... even otherwise has considered the entire gamic of the controversy and granted adequate relief to the appellant. The appellant s prayer for further reduction of the amount may, therefore, be rejected. 4. We have heard counsel for the parties and perused the entire paper book including the impugned order. The appellant is a manufacturer of commercial plywood, etc. The DGCEI conducted a search of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to deposit a further amount of ₹ 2 crore within a period of 12 weeks from today. Subject to the said deposit, the pre-deposit of the balance amount of duty and entire amount of penalty along with the penalties imposed upon the other applicants shall stand waived and its recovery stayed during the pendency of the appeals. Matter to come-up for ascertaining compliance on 7-11-2014. 5. A pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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