Statutory pre-deposit waiver cannot be preceded by an extra deposit condition; the Tribunal must decide the stay request directly.

Where a stay provision permits waiver or relaxation of the statutory pre-deposit for special and adequate reasons recorded in writing, the Tribunal must consider that request on the stay application itself. It cannot first compel a partial deposit as a precondition to examining whether waiver or relaxation should be granted, because that would add a requirement not contemplated by the statute. The direction to deposit part of the disputed tax before deciding the waiver request was therefore unsustainable and was set aside, and the stay application had to be decided afresh in accordance with law.

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Issues: Whether the Tribunal could insist on a partial deposit before considering the assessee's request for waiver or relaxation of the statutory pre-deposit requirement under the stay provision.

Analysis: The provision requires satisfaction of the prescribed pre-deposit condition before a stay application is entertained, but it also empowers the Tribunal to waive or relax that requirement for special and adequate reasons recorded in writing. The discretion to waive or relax must be exercised on the stay application itself. The statute does not authorise the Tribunal to first direct a separate deposit as a condition precedent to considering whether waiver or relaxation should be granted. Such a course amounts to adding a requirement not contemplated by the provision.

Conclusion: The direction requiring deposit of 10% of the disputed tax before considering the waiver request was unsustainable and was set aside. The Tribunal was required to decide the stay application afresh in accordance with law.

Ratio Decidendi: Where a statute confers power to waive or relax a pre-deposit requirement for recorded reasons, the authority cannot impose an additional interim deposit as a precondition to examining the waiver request itself.

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