TMI Blog2011 (11) TMI 545X X X X Extracts X X X X X X X X Extracts X X X X ..... if we exercise power under Rule 41 of CESTAT (Procedure) Rules, 1982 it would amount to sitting over on our own judgment when the Tribunal becomes functus officio after passing an order and has no power of review - Extention of time to make pre deposit granted - Decided partly in favour of assessee. - E/2831/2010 - Misc. Order No. 667/2011-EX. (PB) - Dated:- 11-11-2011 - Shri D.N. Panda and Rakesh Kumar, JJ. Shri Vikram Nankani, Tarun Gulati and Ronny John, Advocates, for the Appellant. Shri Sumit Kumar, DR, for the Respondent. ORDER Moving the Misc. application learned Counsel prays to recall the pre-deposit order dated 7-9-2011 [2012 (279) E.L.T. 57 (Tri.-Del.)] passed by Tribunal directing deposit of Rs. 8.00 crores wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal. (vi) This appellant is gravely prejudiced for the reasons as aforesaid and is entitled to similar relief what has been granted in the case of Vasantham Enterprises (supra). 2. On the aforesaid grounds the present Misc. application has been passed for exercise of power under Rule 41 of CESTAT (Procedure) Rules, 1982 to recall the order passed by the Tribunal on 7-9-2011 following the Apex Court decision in the case of J.K. Synthetics v. CCE, reported in 1996 (86) E.L.T. 472 (S.C.). 3. On the other hand learned D.R. supports the order passed by the Tribunal on 7-9-2011 and submits that the reasoned and speaking order passed by Tribunal vividly describes all relevant and material facts considered in the course of hearing to preven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her adjournment. 7. On the facts and circumstances of the case and on perusal of record and full length of argument, without prejudice to the right of the parties to argue on the grounds of appeal, interim modality was worked out by order dated 7-9-2011 looking to the gravity of the matter. We tried to pass a reasoned and speaking order to justify why pre-deposit was warranted striking a balance between interest of Revenue and undue hardship that may be caused by an order asking for deposit of entire demand during pendency of appeal. Consequently, there was a direction in terms of para 8 of the order passed on 7-9-2011. 8. We make it clear that facts and circumstances of each case govern an interim order and interim orders have no prece ..... X X X X Extracts X X X X X X X X Extracts X X X X
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