TMI Blog2019 (2) TMI 963X X X X Extracts X X X X X X X X Extracts X X X X ..... he year 2018-19, but only noted the income tax returns filed for the years from 1999-2000 to 2002-2003 - Held that:- Without going into the controversy as to whether the appellant had produced the current income tax returns or not, we deem it appropriate that the appellant shall be given one more opportunity to place all the records before the Tribunal, so that the Tribunal can take a decision as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on 22.11.2018 by the Appellate Tribunal for SAFEMA, FEMA, PMLA, NDPS, PEPT, New Delhi-3. The Tribunal directed the appellant to deposit a sum of ₹ 39 lakhs for grant of stay. 2. The short point, which has been canvassed before us by the learned counsel for the appellant, is that the Tribunal failed to consider the income tax returns of the appellant for the year 2018-19, but only noted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the undue hardship, to which the appellant is put. According to him, had the income tax returns for the assessment years from 2013-14 to 2018-19 been considered, the Tribunal would not have passed such an order directing pre-deposit of ₹ 39 lakhs. 4. Mr.Su.Srinivasan, learned Standing Counsel appearing for the second respondent submits that the Tribunal had specifically recorded that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a reason alone, we allow this appeal, set aside the order of the Tribunal and remand the matter to the Tribunal for a fresh consideration. No costs. Consequently, the connected CMP is closed. 7. We are informed that the Tribunal listed the matter for reporting compliance on 01.2.2019 i.e. Day after tomorrow. Since we have restored the miscellaneous petition (stay petition) to the file of the T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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