9911796707
TMI Blog2009 (1) TMI 699X X X X Extracts X X X X X X X X Extracts X X X X ..... . [Order per : D.N. Panda, Member (J)]. - Ld. Counsel Shri K.K. Anand submits that as against the earlier stay order dt. 18-9-2008, the appellant approached the Hon'ble High Court of Delhi in WP(C) 8388/2008 and CM 16123/ 2008. The appellant's submission before the Hon'ble Court was that the date of pre-deposit may be extended so that the appellants shall move an application for amendment of it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where stay order dated 18-9-08 was passed earlier. The appellant prays in terms of paragraph "B" of the application to incorporate that para in the Grounds of Appeal since that depicts essential facts necessary for disposal of the appeal. He submits that on the basis of the admitted facts as pleaded in the Misc. Application, the appellant has worked out its duty liability of Rs. 1,21,96,800/- appr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e by the appellant pressing for incorporation of the same to the appeal memo. 4. We consider that the appellant being aggrieved should not be deprived of an opportunity to plead on the admitted additional facts relied upon by the appellant and captioned to be additional ground in para B of the Misc. Application. We also observe that the pleading in the additional ground goes to the root of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to mention for expeditious disposal of the appeal only after our aforesaid direction is carried out and our direction for deposit of Rs. 40 lakhs (Rupees forty lakhs) is over and above the amount of Rs. 72.00 (Rupees seventy-two) lakhs only submitted to have been already deposited before and after investigation and such deposit is subject to verification by Revenue. (Order dictated in the open C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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