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    <title>2007 (11) TMI 18 - Supreme Court</title>
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    <description>When a writ challenge is directed mainly against a pre-deposit order and the merits of the appeal are already pending before the Tribunal, the High Court should not examine the adjudication on merits or remand the matter to the adjudicating authority. The Supreme Court held that such interference was unjustified. It also noted that dispensation of pre-deposit must be assessed on prima facie case, balance of convenience, irreparable loss, and revenue protection, but in the circumstances the consequential pre-deposit direction did not survive. The appeals were to be heard on merits without insisting on pre-deposit.</description>
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    <pubDate>Mon, 12 Nov 2007 00:00:00 +0530</pubDate>
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      <title>2007 (11) TMI 18 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=2539</link>
      <description>When a writ challenge is directed mainly against a pre-deposit order and the merits of the appeal are already pending before the Tribunal, the High Court should not examine the adjudication on merits or remand the matter to the adjudicating authority. The Supreme Court held that such interference was unjustified. It also noted that dispensation of pre-deposit must be assessed on prima facie case, balance of convenience, irreparable loss, and revenue protection, but in the circumstances the consequential pre-deposit direction did not survive. The appeals were to be heard on merits without insisting on pre-deposit.</description>
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      <pubDate>Mon, 12 Nov 2007 00:00:00 +0530</pubDate>
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