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of <h1>Tribunal Upholds Stay Order, Dismisses Appeal for Modification on Financial Hardship.</h1> The tribunal upheld the original Stay Order, dismissing the appeal seeking modification due to financial hardship post-seizure. The appellant's lack of ... Stay order - Recall of Appellants were ordered to pre-deposit Rs. 12,00,000 under Stay Order No. 498/2004 (dated 19-5-2004). They seek modification, alleging seizure of goods, 60 days detention, cessation of business and depletion of capital, and report pre-deposit of Rs.1,00,000. Revenue opposes the waiver, noting prior consideration in the Stay Order. Tribunal finds appellants failed to substantiate financial hardship: no details of movable/immovable assets, no income-tax clearance or statement of accounts. Commissioner's order established a modus operandi altering imported containers and computed duty liability of Rs.18,40,827 after credit for an End Use Certificate; penalty assessed at Rs.34,44,486. Tribunal emphasizes safeguarding revenue interest under Section 129E and that 'all the factors were taken into consideration' in directing the Rs.12,00,000 pre-deposit. Tribunal concludes that 'the appellants had not made out a strong case for recall of the Stay Order,' therefore 'the appeal is dismissed.' 'Misc. applications are also rejected.'
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