TMI Blog2013 (3) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... urther directed to waive off the balance of dues subject to pre-deposit of balance - applicant submits that the Tribunal decided the matter without considering the financial stringency shown in the affidavit in support of the application for interim relief - Held that:- While entertaining the appeal, the Tribunal is required to look into the prima facie merit of the case as well as financial condi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Counsel of Central Board of Excise and Custom. The appellant is engaged in the business of printing fabrication of readymade advertisement material and on imposition of service tax on the goods by the Assessing Authority, preferred an appeal, bearing No. ST/117/2012, along with an application for stay praying therein waiver of pre-deposit for entertaining the appeal as provided under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the financial stringency shown in the affidavit in support of the application for interim relief as well as the Bank account of the appellant and directed to make payment of Rs.7 lakh as pre-deposit during the pendency of the appeal in a most arbitrary and illegal manner and without proper application of mind to the facts of the case. He submits that the power of stay should be judicially exerc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersus Commissioner of Trade Tax reported in 2002 UPTC 156, learned Counsel for the appellant submits that while considering the waiver cum stay, the Tribunal ought to have considered the prima facie merit of the case as well as financial condition of the appellant. While entertaining the appeal, the Tribunal is required to look into the prima facie merit of the case as well as financial condit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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