TMI Blog2014 (9) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... f interest and penalty of both the appellants and recovery thereof. The Tribunal shall take up the appeals in the usual course and dispose of the same on merits and in accordance with law. Since the conditional order of stay passed by the Tribunal has been complied with by the appellants and we are directing the Tribunal to dispose of the appeals or merit - Decided against the assessee. - C.M.A. Nos. 2042 and 2043 of 2014 and M.P.Nos.1 of 2014 (2 Petitions) - - - Dated:- 21-8-2014 - R. Sudhakar And G. M. Akbar Ali,JJ. For the Appellants : Mr. K. Harishankar For the Respondent : Mr. Xavier Felix Standing Counsel JUDGMENT (Delivered by R. Sudhakar,J.) These Civil Miscellaneous Appeals are filed challenging the Miscel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the appellants have failed to make out a prima facie case for waiver of pre-deposit of the entire amount of duty along with interest and penalty and ordered as under: 12. In view of the above discussions, we direct the applicant to pre-deposit the entire amount of duty. At this stage, the learned Counsel fairly submits that the Bank Guarantee may be encashed for collecting the demand of duty. As such, we direct the department to encash the Bank Guarantee to the extent of demand of duty of ₹ 96,11,113/- as pre-deposit and the balance would be kept as a separate Bank Guarantee, within eight weeks from today. Upon deposit of the same, the pre-deposit of interest and penalty of both the applicants would be waived and recovery t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecting pre-deposit is onerous and is causing great financial difficulties, passed the following order: Mr. Xavier Felix, learned Standing Counsel takes notice for respondent. Heard both sides. There will be an order of interim stay on condition that the appellant deposits a sum of ₹ 25,00,000/- (Rupees Twenty Five Lakhs) only on or before 7.8.2014, failing which stay granted shall stand vacated. Post on 7.8.2014. 4. When the matter was taken up for hearing today, it is stated by the learned counsel for the appellants that the department has encashed the bank guarantee in a sum of ₹ 96,11,113/-, as ordered by the Tribunal and as such, the order of the Tribunal has been complied with by the appellants. 5. At the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order requiring the assessee to deposit full or part of the demand. There can be no rule of universal application in such matters and the order has to be passed keeping in view the factual scenario involved. Merely because this Court has indicated the principles that does not give a licence to the forum/authority to pass an order which cannot be sustained on the touchstone of fairness, legality and public interest. Where denial of interim relief may lead to public mischief, grave irreparable private injury or shake a citizen s faith in the impartiality of public administration, interim relief can be given. 9. It has become an unfortunate trend to casually dispose of stay applications by referring to decisions in Siliguri Municipality ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch person and safeguard the interests of the Revenue . Therefore, while dealing with the application twin requirements of considerations i.e. consideration of undue hardship aspect and imposition of conditions to safeguard the interests of the Revenue have to be kept in view. 12. As noted above there are two important expressions in Section 35-F. One is undue hardship. This is a matter within the special knowledge of the applicant for waiver and has to be established by him. A mere assertion about undue hardship would not be sufficient. It was noted by this Court in S. Vasudeva v. State of Karnataka, (1993) 3 SCC 467 that under Indian conditions expression undue hardship is normally related to economic hardship. Undue which means someth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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