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2018 (10) TMI 1409

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..... hu Takke, AGP ORDER : 1. This Petition under Article 226 of the Constitution of India challenges the order dated 30th January 2018 passed by the Maharashtra Sales Tax Tribunal, Mumbai (for short "the Tribunal"). By the impugned order dated 30th January 2018, the Tribunal has disposed of the Petitioners' Application for stay of the order dated 30th March 2017 which is in Appeal under Section .....

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..... of the Joint Commissioner of Sales Tax (Appeal), the Petitioners filed an Appeal to the Tribunal and also sought stay of the order dated 30th January 2018 which is the subject matter of Appeal. The Petitioners in turn relied upon the decision rendered by the Apex Court under the Central Excise Act, 1944 in Sharp Industries Limited Vs. Commissioner of Central Excise (2005(188) ELT 146 (S.C.) Civil .....

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..... of the Tribunal dated 30th January 2018 is a reasonable order. It is an order which has been passed after taking into consideration, the submissions of the parties and finding that the issue is debatable directed the Petitioners to deposit 25 percent of the duty as a condition precedent to the stay of the order dated 30th January 2018. 6. In the above view, we see no reason to interfere with the .....

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