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TMI Blog2015 (10) TMI 693X X X X Extracts X X X X X X X X Extracts X X X X ..... as been issued. Learned counsel for the Revenue appeared today. 2. We have heard Mr. S. Ravi, learned senior counsel appearing for the appellant. 3. The appeal is admitted on the following substantial questions of law : a. Whether the learned Tribunal has misdirected itself not having considered the financial hardship of the appellant on the basis of mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver of pre-deposit. We disposed of the appeal passing the orders following amongst others as follows. "We direct the learned Tribunal, on the date fixed for hearing, to re-consider the matter by taking note of the fresh material produced before us, namely : the balance sheet for the year ending 31-3-2014, and decide the question of financial hardship on fact afresh. All points are kept open." 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial hardship, it would have reflected from the books of accounts. The learned Tribunal has gone on recording that accounting is merely a paper transaction and it does not reflect the reality. We think overruling the contention of the learned counsel for the Revenue if any audited accounts are produced before the Court of law or Tribunal, accounting cannot be doubted. We fail to understand how the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... within a period of fortnight from the date of receipt of a copy of this order. If such deposit is made within the above time, the appeal will be heard out by the learned Tribunal on merit as and when possible, failing which, the appeal before the Tribunal will automatically stand dismissed and this order will in that case, stand recalled. 9. The C.E.A. is accordingly disposed of. 10. C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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