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TMI Blog2007 (3) TMI 247X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax Appellate Tribunal, New Delhi in Excise Appeal No. 3065/2006. By the order impugned, learned Tribunal has refused to waive the statutory condition of pre-deposit while considering the stay-application and directed the petitioner (appellant before the Tribunal) to deposit the entire duty demand within a period of 8 weeks from the date of the order. It was further directed that upon deposit of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law. 3. Per contra, learned Assistant Solicitor General for respondents submitted that in W.P. No. 3141/2006, a petition was filed against the similar kind of the order of the Tribunal and the said W.P. No. 3141/2006 was dismissed by the learned Single Judge, therefore, to maintain the parity, this writ petition should be dismissed. 4. In reply, learned senior counsel for petitioner submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stained and it deserves to be set-aside and is hereby set-aside. Accordingly, this writ petition is allowed. The petitioner will be free to renew the prayer for waiver of the pre-deposit which shall be considered and decided by the Tribunal in accordance with law. 6. In the result, writ petition stands allowed to the extent indicated hereinabove. There shall be no order as to costs. C.C. on paym ..... X X X X Extracts X X X X X X X X Extracts X X X X
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