TMI Blog2011 (9) TMI 480X X X X Extracts X X X X X X X X Extracts X X X X ..... the pendency of the proceedings before the first Appellate Authority was given. - Sales/Trade Tax Revision No. 629 of 2011 - - - Dated:- 1-9-2011 - Arun Tandon, J. JUDGEMENT Arun Tandon, J:- 1. Assessee has filed this revision against the order of the Tribunal passed in Second Appeal No. 492 of 2011 (Assessment Year 2007-08). Under the order impugned the Tribunal has stayed 80 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal. 4. Division Bench of this Court in the case of I.T.C. v. Commissioner (Appeals) 2005 (184) ELT 347 has held that if the Assessee has strong prima facie case covered by an earlier judgment of the Tribunal or of the High Court/Apex Court then the issue of financial difficulties is of not much relevance. 5. Standing Counsel submitted that there had been an increase in the turnover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Apex Court, has been explained by the Division Bench of this Court in the case of I.T.C. (supra). It has been specifically laid down that if the Assessee has strong prima facie case then the issue of financial hardship is of no relevance. The Tribunal appears to have lost sight of the aforesaid law, as explained by this Court, while passing the impugned order. 7. It could not be disputed be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the first Appellate Authority with a further condition that the Assessee may deposit a sum of Rs. 3,00,000 (Three Lac) in cash as against remaining 20 per cent and for the balance he shall furnish security other than cash or bank guarantee to the satisfaction of the Assessing Authority within two months from today along with certified copy of this order. 10. In case of default he shall not be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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