MONU STEELS Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal arises from order dated 29-9-2014 passed by the Customs, Excise & Service Tax Appellate Tribunal in Appeal No. E-57418/2013 disposing stay application No. E/Stay/58011/2013. Learned Counsel for the appellant submits that while considering the application for waiver of pre-deposit, the entire penalty itself has been directed to be deposited. There is no reason assigned why the Tribunal was satisfied to direct deposit of the entire amount without granting any waiver. The prayer in Paragraph 2.1 of the stay application with regard to the financial difficulty of the appellant has not been considered at all.

(2.) Learned Counsel for the respondent submits that waiver of pre-deposit was not a matter of right and it remained within the discretion of the Tribunal.

(3.) We have considered the submissions on behalf of the parties. Undoubtedly, an order granting or declining waiver of pre-deposit in full or part is a discretionary order. But even a discretionary order which affects another, is required to be reasoned disclosing application of mind to the issues involved and a prima facie opinion for the conclusion.