Financial Hardship Not Necessary for Stay of Demand

In considering whether a stay of demand should be granted, the Court is duty bound to consider not merely the issue of financial hardship if any, but also whether a strong prima facie raising a serious triable issue has been raised which would warrant a dispensation of deposit. That is a settled position in the jurisprudence of our revenue legislation. In CEAT Limited Vs. Union of India⁶, the Division Bench of this Court has held as follows :

“If the party has made out a strong prima facie case, that by itself would be a stro

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