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2015 (7) TMI 301 - BOMBAY HIGH COURT

2015 (7) TMI 301 - BOMBAY HIGH COURT - 2015 (323) E.L.T. 353 (Bom.) - Waiver of pre deposit - Whether, Tribunal in passing order of two different amounts by way of predeposit and bank guarantee in the Stay Petition for waiver of predeposit of penalty amounts to non application of mind, self contradictory and therefore, unsustainable in law when the Directorate is already having seized Indian currency which was not confiscated and the foreign currencies could not have been seized through addendum .....

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of principles of natural justice, the other aspects on merits also require deeper scrutiny. The Tribunal has observed that it is convinced that the appellant has an arguable case. In the circumstances, we do not think why the conditional order was passed. The direction to deposit 10% of the total amount of penalty and to furnish bank guarantee for the balance 90% of the sum adjudicated and demanded, in effect and in substance means denial of stay. This is clear from the conditions that have bee .....

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istance we have perused the impugned order of the Tribunal. From the reading thereof, we are of the opinion that the appeal raises substantial question of law. It is admitted on the following substantial question of law: - (A) Whether, in the facts and circumstances of the case, the impugned order of the Appellate Tribunal in passing order of two different amounts by way of predeposit and bank guarantee in the Stay Petition for waiver of predeposit of penalty amounts to non application of mind, .....

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