2009 (10) TMI 680

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....ner. Shri S.P. Kesarwani (SSC Tax) and B.K.S. Raghubanshi, Sr. Standing Counsel, for the Respondent. ORDER The present appeal has been filed under Section 35G of the Central Excise Act, 1944 and is directed against the order dated 27-7-2009 [2009 (243) E.L.T. 474 (Tri.-Del.)] passed on the stay application whereby the Tribunal has directed the appellants, taking into consideration the fin....

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..... Jaipur v. Mewar Bartan Nirman Udyog reported in 2008 (231) E.L.T. 27 (S.C.)? (iii) Whether without contradicting the contentions of the appellants the Hon'ble Tribunal is justified in asking the appellants to deposit Rs. 50 lakhs during the pendency of the appeal in Tribunal? (iv) Whether the Hon'ble Tribunal is justified in asking the appellants to deposit Rs. 50 lakhs when the Hon'ble Su....

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....he department. 4. The sole contention of the learned counsel for the appellants is that the Tribunal was not justified in not staying the entire disputed amount during the pendency of the appeal. He submits that in paragraph-5 of the impugned order it has been found that the appellants' company is facing financial hardship and had made a profit of Rs. 30 lakhs only in the financial year 2007-08....