TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Pre-deposit waiver and stay in tax appeal without weighing prima facie merits; order set aside for fresh decision</h1> The dominant issue was whether the appellate authority validly granted stay/dispensation of pre-deposit without assessing prima facie merits. The SC held ... Stay/Dispensation of pre-deposit - reasoning given in support of such order is wholly unsatisfactory. The appellate authority has not at all considered the prima facie merits and has concentrated upon the prima facie balance of convenience in the case. Held that:- The Appellate Authority should have addressed its mind to the prima facie merits of the appellants' case and upon being satisfied of the same determined the quantum of deposit taking into consideration the financial hardship and other such relevant factors - Matter remitted back - Decided in favour of assessee. The Supreme Court set aside the order of the Commissioner (Appeals) directing appellants to deposit Rs. 30 lakhs under Section 35F of the Central Excise Act, 1944. The Court found the reasoning unsatisfactory and remanded the matter back to the appellate authority for redetermination, emphasizing consideration of prima facie merits and relevant factors. The appeal was allowed without costs.
TaxTMI 
TaxTMI 
