TMI Blog2015 (10) TMI 693X X X X Extracts X X X X X X X X Extracts X X X X ..... receipt of a copy of this order. If such deposit is made within the above time, the appeal will be heard out by the learned Tribunal on merit as and when possible, failing which, the appeal before the Tribunal will automatically stand dismissed - Decided conditionally in favour of assessee. - C.E.A. No. 120 of 2014 - - - Dated:- 20-11-2014 - Kalyan Jyoti Sengupta, CJ and Sanjay Kumar, J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant or loss to the Revenue? 4. Learned counsel for the Revenue waives service of notice of the appeal and he requests us to decide the appeal itself today finally. Since it is possible to do with the materials available and placed before us the same is disposed of today finally. 5. The assessee came before us in the past impugning the order dated 20-3-2014 passed by the learned Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Ravi that the learned Tribunal has again decided the matter on prima facie case and refused to give any relief for waiver of pre-deposit. However, the financial hardship was not considered properly. Even decision taken on this aspect, by the learned Tribunal appears to be contrary to the records, namely, the audited balance sheet dated 31-3-2014. The learned Tribunal was of the view that had the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n all possibility is to face financial hardship. But, taking the entire accounting as a whole, it cannot be said that the company is absolutely without any means, to make some deposit. 8. Taking into consideration of the entire facts, we think that justice would be rendered in the event the appellant is directed to deposit an amount of ₹ 16.00 lakhs (Rupees Sixteen lakhs only) as pre-depo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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