2013 (3) TMI 24

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....pellate authority on merit. However, the Appellate Tribunal by means of impugned order dated 14.2.2013 passed by learned Commercial Tax Tribunal, Bench-I, Lucknow in Second Appeal No.48/2013 (Assessment Year 2007-08) stayed the disputed amount towards tax liability to the extent of 85% till the disposal of the appeal filed by the assessee and remaining 15% of the amount towards penalty to be deposited within thirty days . I have heard learned counsel for the parties and gone through the records. A Division Bench of this Court in the case of I.T.C. Ltd. vs. Commissioner (Appeals), Custom & Central Excise, Meerut-I 2005 (184) E.L.T. 347 (ALL.), (paragraph no.35) held as under:- "In view of the above, the aforesaid authorities make it....

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....on of deposit should also be allowed where two views are possible. While considering the application for interim relief, the Court must examine all pros and cons involved in the case and further examine that in case recovery is not stayed, the right of appeal conferred by the legislature and refusal to exercise the discretionary power by the authority to stay/waive the pre-deposit condition would be reduced to nugatory/illusory. Undoubtedly, the interest of the Revenue cannot be jeopardized but that does not mean that in order to protect the interest of the Revenue, the Court or authority should exercise its duty under the law to take into consideration the rights and interest of an individual. It is also clear that before any goods could b....