2005 (5) TMI 75

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....Nos. 9632-33/2005 : 2. Challenge in the present writ petition under Article 226 of the Constitution of India is to the order dated 15th April, 2005 passed by the Customs Excise and Service Tax Appellate Tribunal, vide which the stay application filed by the Petitioner was disposed of while directing the Petitioner to pay a sum of Rs. 2.5 crores against the demand of Rs. 5.3 crores, against both t....

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....t is further contended that the financial status of the Petitioner is no way a relevant consideration for reducing the amount of Rs. 2.5 crores directed to be paid by the Appellate Tribunal. 3. Having heard the learned Counsel for the parties and keeping in view the fact that the Petitioner had already paid a sum of Rs. 1 crore at the time of release of goods on account of duty payable, the dema....

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....e the Tribunal, he may not be able to revive his business. Thus, we are called upon to balance the equity between the parties. 4. Having considered all these aspects, we are of the view that the Petitioner should be directed to pay an additional sum of Rs. 40 lakhs. If such an amount is deposited or paid, the appeal would be heard on merits and if such an amount is not deposited or paid, the Trib....