Prima facie case for stay fails where resin and ager are treated as consumables in export manufacturing.

Epoxy resin and ager used in manufacturing export goods were treated as consumables in the order-in-appeal, which was described as a detailed speaking order supported by cited rulings and a Board circular. On that basis, the Revenue was held not to have established a prima facie case for stay of the impugned order. The stay of operation was therefore not justified, and the stay application was rejected.

---

---

Issues: Whether the assessee had made out a prima facie case for grant of stay of operation of the impugned order.

Analysis: The order-in-appeal had accepted the assessee's contention that epoxy resin and ager used in the manufacturing process of export goods were consumables. The order was a detailed speaking order, and the materials relied upon, including the cited rulings and the Board circular, supported the view that the items were consumables. In these circumstances, the Revenue failed to establish a prima facie case warranting stay.

Conclusion: Stay of operation was not justified and the stay application was rejected.

---