2004 (9) TMI 124

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f the common order dated 26-3-2004 (Annexure-A) passed by the Customs, Excise Service Tax Appellate Tribunal, West Regional Bench at Mumbai (for short "the Tribunal") in stay application Nos. E/S/2112 and 2113/03 filed in Appeal Nos. E/3067 3068/03. 2. At the outset, it may be stated that Mr. Nanavati, learned Counsel for the petitioners, in both these petitions stated at the Bar that the pe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... oners that in both these petitions the impugned order passed by learned Tribunal is totally a non-speaking order, therefore, the impugned order is liable to be quashed and set aside. Having gone through the order passed by the learned Tribunal. Mr. Malkan, learned Standing Counsel appearing for the respondents was hardly in a position to defend the same. The Hon'ble Supreme Court in case of Mehsan .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... pplications by a brief reasoned order dealing with all the contentions raised by the petitioners in it. We are sure, that while deciding the stay applications afresh, the learned Tribunal may also keep in mind the fact that the petitioner had already deposited the entire amount of duty be failed to comply with the condition of depositing outstanding amount of penalties. With these observations, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X