2011 (3) TMI 363

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....te, for the Appellant. Shri S.K. Mall, SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. -  The prayer in the application is to dispense with the condition of pre-deposit of duty of Rs. 75,55,267/- confirmed against the applicant/appellant along with imposition of penalty of identical amount 2. After hearing both the sides, we find that the appellant is engag....

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....ce to the Revenue. Further, the claim of the depreciation before the Income Tax authorities was subsequently revised by them and draws our attention to a letter of the Assistant Commissioner addressed to the applicant, wherein he has himself observed that the goods detained by the Revenue were being lifted under the directions of Commissioner, subject to filing an undertaking that the assessee wou....

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....ispute in the present proceedings, is not available to them, they were not in a position to use the same and hence would have paid the duty in cash, which would have been refunded to them by the department. As such, the entire situation was Revenue neutral. He accordingly, prays for allowing the stay petition unconditionally. 5. After hearing the learned DR, though we find favour with the ....