2014 (2) TMI 503

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....of the stay order. By Final Order dated 5.11.2013, the application for modification of stay order was dismissed for non-prosecution and the appeal was dismissed for non-compliance of the stay order. 3. The learned counsel submits that by Stay Order 5.8.2013, the applicant was directed to report compliance on 14.10.2013 and there was no Division Bench on that day. The matter was taken up on 5.11.2013 without any intimation to the appellant and the order was passed exparte. 4. After hearing both sides and on perusal of the records, we recall the Final Order dated 5.11.2013 and restore the appeal along with the miscellaneous application to its original number. We take up the application for modification of the stay order. After hearing b....

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.... Rule 8 of the Valuation Rules. We find that the duty was demanded on the basis of the opinion given by the Deputy Director (Cost), who is also an authority on this issue. In view of that, the applicant failed to make out a prima facie case for waiver of pre-deposit of the entire amount of tax. The limitation aspect would be looked into after going into the facts in details at the time of appeal hearing. We direct the applicant to make a pre-deposit of Rs.10 lakhs within eight weeks. Upon deposit of the said amount, pre-deposit of the balance amount of tax along with interest and penalty would be waived and recovery thereof stayed till the disposal of the appeal. To report compliance on 14th October, 2013. 5. The learned counsel submits ....