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TMI Blog2004 (5) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... rticle 226 of the Constitution is the order dated 8-7-2003 passed by the Customs, Excise & Service Tax Appellate Tribunal, Mumbai in Stay Application Nos. 575, 576 and 577 of 2003 (Annexure "O") and the subsequent order dated 7-1-2004 (Annexure "Q") of the Tribunal rejecting the petitioners' Misc. Application for modification of the order dated 8-7-2003. 2. By the order dated 8-7-2003, the Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs, the petitioners need longer time to deposit the amounts required to be deposited as per the Tribunal's orders. It is submitted that Petitioner No. 1-firm is not in a position to run the business at present and, therefore, the petitioners will have to make arrangements for depositing the amounts as directed by the Tribunal. 5. In view of the above, in the peculiar facts and circumstances of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Rs. 10 lakhs towards duty and Rs. 1 lakh towards penalty are deposited as aforesaid, the Tribunal shall hear and decide the appeals in merits. It is clarified that the petitioners are not exempted from any liability to pay interest on account of the delayed payments as and when the Tribunal ultimately decides the petitioners' appeals. 6. Before parting with the matter, we would like to observe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alty. We make it clear that the grant of instalments in the facts of the present case is on account of the peculiar facts and circumstances of this case. What should be the number of instalments or what should be the amount of instalments are matters which the Tribunal would determine after considering the facts and circumstances of each case. 7. The petition stands disposed of in terms of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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