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Judgment
Issue notice of motion to the respondents returnable on 29-6-2015. The petitioners seek a stay of the pre-deposit. They state that instructions have been issued that the appeals are not to be entertained in the event of the amount of 7.5% of the duty and/or penalty, as the case may be, not being deposited. In view of the orders passed by a learned Single Judge of the Kerala High Court in the case titled Muthoot Finance Limited Vs. Union of India and Others(2015) 320 ELT 51 : (2015) 50 GST 585 : (2015) 38 STR 1133 , the respondents shall not treat the appeal as being not maintainable on account of the failure to deposit the amounts as per the amended Section 35-F of the Central Excise Act, 1944 which came into effect on 6-8-2014.
We, however, make it clear that this order of ours ought not to be considered as a stay of the demand. The petitioners will in the interim period be entitled to make an application for interim reliefs staying the demand on the basis of the provisions as they stood prior to 6-8-2014. It would be open to the Tribunal to consider whether to grant a stay conditional or otherwise.