Recall of stay order denied where notice was duly served and financial hardship did not excuse non-appearance.

Recall of a stay order requiring pre-deposit was refused because the assessee failed to show non-service of the hearing notice, and the postal acknowledgment supported due service. Financial hardship and efforts to restart production did not justify non-appearance before the Tribunal. The Tribunal also noted that the underlying demand had already been upheld by the High Court and no stay had been granted by the Supreme Court. On these facts, the application to recall the stay order was rejected against the assessee.

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Issues: Whether the stay order directing pre-deposit of Rs. 80 lakhs should be recalled on the ground of alleged non-receipt of hearing notice and financial hardship.

Analysis: The Applicants failed to produce any material to show that notice of hearing was not served. The record showed acknowledgement due from the postal authorities, indicating due service. Mere preoccupation in arranging funds and restarting production did not justify non-appearance before the Tribunal. The Tribunal also noted that the demand had already been upheld by the High Court and no stay had been granted by the Supreme Court.

Conclusion: The request for recall of the stay order was not accepted and the application was rejected, against the assessee.

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