2009 (2) TMI 457

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..... his appeal is to the judgment of a Division Bench of the Andhra Pradesh High Court granting partial stay of realization of demand raised against the appellant. Following order was passed by the High Court: "On payment of 50% of the disputed tax within a period of six weeks from today by the petitioner, there shall be interim stay as prayed for. The amount already paid shall be given credit to." .....

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..... rs. (AIR 1984 SC 653) and M/s Samarias Trading Co. Pvt. Ltd. v. S. Samuel and Ors. (AIR 1985 SC 61) and Assistant Collector of Central Excise v. Dunlop India Ltd. (AIR 1985 SC 330). 7. It is true that on merely establishing a prima facie case, interim order of protection should not be passed. But if on a cursory glance it appears that the demand raised has no leg to stand, it would be undesirable .....

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..... . It has become an unfortunate trend to casually dispose of stay applications by referring to decisions in Siliguri Municipality and Dunlop India cases (supra) without analysing factual scenario involved in a particular case. 9. It appears that this Court by order dated 10.12.2007 passed the following order: "Issue notice. Without prejudice to the claims involved, let the petitioner deposit a s .....

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