Hon'ble Subhash Chandra Nigam,J.
The appeal has been filed along with the stay application with the prayer to stay the operation of the order of the Tribunal as well as the demand created under the order of the Tribunal. At the time of hearing, Sri S.P.Kesarwani, learned counsel for the appellant did not press the application for the interim relief and, therefore, the stay application was rejected. Now the application has been moved for the stay of the demand of interest on the ground that the appellant has deposited the entire principal amount and at that time only the demand was for the tax, which was deposited and, therefore, the application was not pressed. It is now requested that the amount of interest may be stayed.
We are afraid that such prayer can be accepted. The stay application has been filed along with the memo of appeal and the prayer was made to stay the demand created under the order of the Tribunal dated 29.09.2006, which includes both the tax as well as interest. Since the stay application had been rejected, the request for the stay of interest now cannot be considered at this stage. The application is accordingly, rejected.
List the appeal for hearing at an early date.
Order Date :- 6.1.2010 R./