https://www.taxtmi.com/caselaws?id=44075 A stay application under the proviso to section 35F must be decided by considering both the existence of a prima facie case and any pleaded financial hardship. Rejecting stay solely because no prima facie case is made out, while ignoring a material hardship plea, is unsustainable. The rejection order was set aside and the matter remanded to the Tribunal for fresh consideration of the stay application after taking financial hardship into account. en-us Wed, 12 Jul 1995 00:00:00 +0530 Tue, 22 Jun 2010 18:21:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=44075 A stay application under the proviso to section 35F must be decided by considering both the existence of a prima facie case and any pleaded financial hardship. Rejecting stay solely because no prima facie case is made out, while ignoring a material hardship plea, is unsustainable. The rejection order was set aside and the matter remanded to the Tribunal for fresh consideration of the stay application after taking financial hardship into account. Case-Laws Central Excise Wed, 12 Jul 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=44075