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2013 (1) TMI 746 - GUJARAT HIGH COURTStay application - Bogus invoices - Issue of invoices without actual receipt of goods - held that:- At this stage when appeals are admitted and awaiting final disposal, we are not inclined to make any observations so as to prejudice either side in their contentions. Suffice it to notice that the applicants have made out a strong prima facie case. Considering the material on record and findings of the authorities we are of the opinion that insofar as penalty element imposed against the company/partnership firm and the office bearers/partners is concerned, same is required to be stayed pending the appeals - by partly allowing these applications in all the respective appeals, there shall be stay against the recovery of penalty against the company/partnership firm. However, the remaining portion of the duty and interest thereon is not stayed for which the applicants have time upto 28-2-2013 to deposit. - stay granted.
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