<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2008 (9) TMI 606 - CALCUTTA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=208238</link>
    <description>Writ interference with a CESTAT stay order was considered where pre-deposit of disputed excise duty was directed before grant of stay. The governing principle noted was that waiver of pre-deposit may be justified if a strong prima facie case exists, but the Tribunal&#039;s assessment that the taxpayer&#039;s case was weak was treated as sufficient basis for requiring deposit. A challenge that the Tribunal had weighed the Revenue&#039;s prima facie case rather than the appellant&#039;s was regarded as overly technical, because acceptance of one side&#039;s case necessarily implies weakness in the other. The record also noted no sufficient demonstration of illegality in the levy.</description>
    <language>en-us</language>
    <pubDate>Fri, 05 Sep 2008 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 09 Jan 2012 15:55:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=181709" rel="self" type="application/rss+xml"/>
    <item>
      <title>2008 (9) TMI 606 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=208238</link>
      <description>Writ interference with a CESTAT stay order was considered where pre-deposit of disputed excise duty was directed before grant of stay. The governing principle noted was that waiver of pre-deposit may be justified if a strong prima facie case exists, but the Tribunal&#039;s assessment that the taxpayer&#039;s case was weak was treated as sufficient basis for requiring deposit. A challenge that the Tribunal had weighed the Revenue&#039;s prima facie case rather than the appellant&#039;s was regarded as overly technical, because acceptance of one side&#039;s case necessarily implies weakness in the other. The record also noted no sufficient demonstration of illegality in the levy.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Fri, 05 Sep 2008 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=208238</guid>
    </item>
  </channel>
</rss>