TMI Blog2014 (12) TMI 447X X X X Extracts X X X X X X X X Extracts X X X X ..... e grant stay, even the BIFR will not take that amount into consideration while deciding the matter before them. Therefore in undeserving cases and in the case of a liability which has already crystallized and in the case where an assessee does not have a prima facie case at all, it may not be appropriate to grant stay on the ground that the matter is before BIFR. In any case assets cannot be dispo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al assessment was resorted to and was finalized after two rounds of litigation. The only issue that remains is whether the appellant is eligible for deducting the secondary packing charges of about 20 paise per kg of yarn. The dispute is limited to this issue only. The demand which was more than ₹ 1.25 crores initially has come down to ₹ 7,11,356/- for the period mentioned above and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allenged and consequent to this order, order-in-original was passed quantifying the amount which is the subject matter of dispute before us. Even though the learned counsel argued vehemently that the appellant need not pay any duty at all, and the demand does not arise as a result of quantification, on going through the records we found that the amount of ₹ 44,73,312/- which was demanded aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red to BIFR, if we grant stay, even the BIFR will not take that amount into consideration while deciding the matter before them. Therefore in undeserving cases and in the case of a liability which has already crystallized and in the case where an assessee does not have a prima facie case at all, it may not be appropriate to grant stay on the ground that the matter is before BIFR. In any case asset ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
