9911796707
TMI Blog1992 (3) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... eing not satisfied with the said stay order passed by the Tribunal, the applicants have moved the present Misc. Application for modification of the earlier order passed by the Tribunal. Shri R.K. Jain, learned Consultant has appeared on behalf of the applicants. He has pleaded that on page No. 12 of their application for stay, the applicant had made a prayer for granting the stay during the pendency of the appeal. Shri Jain pleaded that there is no finding by the Tribunal whether the stay is being granted. Only the pre-deposit of the penalty amount has been dispensed with. Shri Jain pleaded that the Bench had come to the conclusion while disposing of the stay application on the ground that COB licence has been granted to the applicant and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ile disposing of the earlier stay application and he argued that no COB has been issued. He pleaded that in case the earlier order passed by the Tribunal is not modified, the applicant shall suffer irreparable loss and pleaded for the modification of the same. 2. Smt. J.M.S. Sundaram, learned SDR who has appeared on behalf of the respondent pleaded that there is no infirmity in the order passed by the Tribunal. While disposing of the stay application, the Bench had taken into consideration all the aspects of the matter and the applicant did not agitate this issue that till date, no COB has been issued and the Bench had come to this conclusion after taking into consideration the material placed on record at the time of hearing of the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aiver of pre-deposit of duty". The stay order passed by the Tribunal is dated 8.1.1992 and the stay application was heard by the Bench on 24.12.1991. The letter attached with the Misc. Application on page 7 from the Ministry of Food Processing Industries, New Delhi is dated 5.9.1991. This letter was very much in existence on the last date of the hearing and the Tribunal had disposed of the stay application after taking into consideration the submissions of both sides and the material placed on record. Today, during the course of arguments, it was argued before us that till date, there is no COB licence. We have already reproduced the relevant extract from the stay order passed by the Tribunal on 8.1.1992. The Tribunal had taken into conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paying the duty demanded by the Department the assessee chose to del mud the Government by maintaining that they have a SSI certificate and that's all which is required under Notfn. No. 175/86. The party seems to have overlooked the fact that to be able to get benefits of SSI under the said Notification the basic requirement is that he should be a SSI Unit. As is evident from the letter of District Industries Centre referred to in para-1, the unit ceased to be a SSI w.e.f. the year 1986. Had the Department not come across the letter of District Industries Centre, the assessee would have continued to get benefits of the Notification. Learned Consultant had taken the plea that there is no suppression of facts. 4A. During the course of argu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s silent in that behalf when an appeal is pending before the Appellate Tribunal. It could well be said that when Section 254 confers appellate jurisdiction, it impliedly grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution and that the statutory power carries with it the duty in proper cases to make such orders for staying proceeding as will prevent the appeal if successful from being rendered nugatory. In view of the Hon'ble Supreme Court's above-mentioned decision we are of the view that we should exercise our inherent power. We order that during the pendency of the appeal, Revenue authorities shall not pursue the recovery proceedings in respect of penalty amount. The Bench had o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
