2014 (3) TMI 522

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....39;ble Supreme Court has passed the following order on 29.11.2013 : "Heard the learned senior counsel appearing for both the sides at some length. It has been submitted by the learned senior counsel appearing for the petitioner that the issue with regard to the financial hardship of the petitioner has not been considered by the High Court. Under these circumstances, we feel that the petitioner should withdraw this petition so as to approach the High Court with a Review Petition so that the averments made by the petitioner with regard to the financial hardship can be considered by the High Court. The Special Leave Petition is, accordingly, dismissed as withdrawn with the above said liberty. We hope that if the Review Petition ....

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....hat in the application under Section 35-F, filed before the Tribunal, the financial hardship has not been pleaded. Even in the grounds of appeal before this Court, no ground relating to financial hardship has been taken. The order of the Tribunal has not been challenged for non-consideration of the financial hardship or that in view of the financial hardship, the order of the Tribunal was not justified. Therefore, the review application is liable to be rejected. We have considered rival submissions. It would be relevant to record the findings recorded by this Court in the order dated 10.9.2013 wherein financial hardship has been considered, which reads as follows:             "....

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....n'ble Appellate Tribunal. 4. That the appellant has a strong prima facie case in their favour and for this, relies on all the grounds taken up in the memorandum of appeal of the main appeal. In view of above submissions, the appellant pray for the following : PRAYER 1. That the impugned order may be stayed. 2. That recovery of duty, amounting to Rs.2,54,82,272/-, and interest thereon may be stayed. 3. That recovery of penalty, amounting to Rs.2,54,82,272/-, may be stayed. 4. That the Hon'ble Appellate tribunal may provide any other relief deemed fit in the facts and circumstances of the case." Perusal of the grounds of appeal reveals that no ground has been taken relating to financial hardship. The order of t....