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2014 (8) TMI 908 - AT - CustomsStay application – Repeated requests by the revenue for adjournments opposed by the appellant as Bank Guarantee was given for ₹ 6.5 crores and the same is kept alive which involves substantial costs - The stay order passed earlier by the Tribunal has referred to only the merits of the case as also to the clarification given by the DGCA - Held that:- earlier vide Stay Order, appellant was directed to deposit 50% of the duty amount as a condition of hearing of his appeal. The subsequent miscellaneous order passed on the modification application filed by the assessee, rejected the said application vide Misc. No. C/14/10 dt. 18.01.10 but extended the period to deposit. The said order was challenged by the appellant before the Hon'ble Delhi High Court who set aside the same and the matter was remanded to the Tribunal for fresh consideration of the stay petition. Subsequently vide Misc. Order No. C/191/10 dt. 12.10.10, the Tribunal allowed the stay petition un-conditionally, thus not requiring the appellant to deposit any part of duty or penalty etc., imposed upon them. Tribunal has referred to only the merits of the case as also to the clarification given by the DGCA. The Tribunal observed that in the facts and circumstances of the case we find it difficult at the Interim stay to insist for compliance of requirement of pre deposit of the amount demanded in the impugned order. In as much as the stay was granted based on the merits and not taking into consideration the fact of execution of bank guarantee and there are no directions in the stay order to keep the bank guarantee alive, we deem it fit to allow the release of the same especially in view of the fact that Revenue seeks final hearing of the matter only after the decision of the Hon'ble Supreme Court as discussed above - Petition adjourned.
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