2015 (2) TMI 993

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....d Counsel for the respondents for final disposal. 3. The impugned order is on page 372 and the perusal of the order shows that the application has been rejected, but no reasons whatsoever are mentioned by the appellate authority for rejection of the stay application. At this stage, we may make useful reference to the order passed by this Court in SCA No.12606 of 2014, wherein this Court had an occasion to consider the rejection of the stay application, which was also without recording reasons. This Court, in the said decision in SCA No.12606 of 2014 decided on 19.1.2014 had observed from paragraph 2 to 6, thus:- "2. The only question arise for consideration in the present matter is "Whether the order below the stay application could be pa....

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....id to be nonspeaking order since no reasons are mentioned. We may also record that the department has issued Circular No.1914 dated 02.12.1993 for the procedure to be followed while considering the matter for grant of stay application. Mr. Mehta, learned counsel for the respondent revenue has not been able to show any reasons which has weighed the authority for passing the order, but he submitted that by way of securing the amount, the bank guarantee is ordered to be furnished. In our view, when the matter is to be considered for grant of stay against any demand made of tax, it may be required for the authority to prima facie consider the merits and balance of convenience and also irreparable injury. None has been examined nor considered. I....