TMI Blog2014 (7) TMI 927X X X X Extracts X X X X X X X X Extracts X X X X ..... that once there was an arguable case, then, the rights and equities could have been balanced. The approach which preserves the right of appeal, so also, protects the interest of the Revenue could have been adopted. Appeal allowed by modifying the order of the Tribunal. The Appellant/ Assessee, therefore, would not be required to deposit a sum of ₹ 3.83 crores in cash. However, the Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g substantial question of law:- (a) Whether in the facts and circumstances of the case, the Appellate Tribunal was justified in directing the Appellant to deposit an amount of ₹ 3,83,72,973/- as a condition to hear the Appeal? 2. We have heard the learned counsel finally at this stage itself. With their consent we dispose of this Appeal by this order. 3. We have perused the memo of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Even if the Revenue may be saying that services referred are those regarding which the Tribunal has assigned the reasons and equally the Commissioner has obseerved that the Assessee failed to produce cogent and satisfactory material. Moreover, the Revenue would urge that the deposit of sum of ₹ 3.83 crores does not prejudice the Assessee and when there is no plea of financial hardship. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any nationalized bank for the balance sum, to the satisfaction of the Commissioner. In the event this direction is complied with the Tribunal shall restore, revive and hear the Appeal on merits and in accordance with law and uninfluenced by any tentative and prima facie findings rendered in the impugned order. If the order and direction as issued is not complied with the Tribunal shall then proce ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
