2013 (8) TMI 4

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....DGMENT (Per : Honourable Mr. Justice M. R. Shah) 1.0. In the facts and circumstances of the case and with the consent of the learned counsel for the respective parties, present Tax Appeal is taken up for final hearing today as the dispute involved in the present Tax Appeal is in a very narrow compass. 2.0. Present appeal has been preferred by the appellantoriginal appellant challenging th....

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....ranted the stay of recovery on condition to deposit entire amount of duty liability by the appellant within a period of 8 weeks. It appears that thereafter as the aforesaid order of predeposit was not complied with by the appellant, by subsequent order dated 29.8.2012 the Tribunal has dismissed the appeal. The aforesaid order dated 28.6.2012 (of pre deposit of amount by the appellant) as well as s....

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.... closed since 6 to 7 years and even it was pointed out that net worth of the company is negatived. Therefore, it is requested to either remand the matter to the learned Tribunal to consider the question of waiver of predeposit afresh or consider the case of the waiver of predeposit by this Court and in the facts and circumstances of the case he has left it to the Court the amount to be deposited a....

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....her reasoned order while directing the appellant to deposit a reasonable amount, which deems fit by this Court. 7.0. Having heard the learned counsel for the respective parties and in the facts and circumstances of the case, more particularly, when it has been pointed out that the company is closed since 6 to 7 years we deem it fit that if the appellant is directed to deposit a sum of Rs.7.50 l....