2014 (1) TMI 576

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....chana Wadhwa: All the three misc. applications are being disposed of by a common order as they pertain to the same order No.1397/2012-Ex (DB) dated 29.08.2012. 2. After hearing both the sides, we find that vide said stay order, unconditional stay was granted to the appellant. Inasmuch the appeal was against one impugned order of the Commissioner vide which he decided three separate show caus....

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.... Rs.16,81,17,154/- inasmuch as the said amounts have not been specifically mentioned in the stay order. 4. Ld. Advocate has drawn our attention to a letter dated 17.1.2013 written by the Superintendent addressed to the applicant directing them to deposit the above amounts. Though the Tribunal in the said stay order has referred to the contentions of only one of the show cause notice, mentioning....

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....he Larger Bench of the Tribunal and the said petition filed by the assessee before Hon'ble Supreme Court stands rejected. 6. Ld. DR submits that the rejection of the stay petition against the earlier Larger Bench decision is subsequent to the passing of the present stay order and as such, should be considered as a relevant factor for directing the applicant to deposit the amount in question, af....

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....g have quashed the Board's Circular which was against the assessee. As such he submits that there is no reason in recalling of the stay order. We agree with the above contention of the ld. Advocate. Inasmuch as the Tribunal has passed a detailed order and has already considered the effect of Larger Bench decision and inasmuch as, there is a subsequent judgement of the Hon'ble High Court, we do not....