TMI Blog2013 (8) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... shall fix a date for hearing on the stay application/s immediately, if not already fixed and shall inform the concerned petitioner accordingly; (ii) The parties shall appear before the concerned Appellate Authority on the date so fixed for hearing on the stay application; (iii) The stay application shall be heard and disposed of at the earliest by the Appellate Authority, preferably within a period of six weeks from the date of hearing; (iv) The respondent-Department shall not adopt coercive recovery proceedings in relation to the amount in question until final disposal of the stay application/s by the concerned Appellate Authority – Decided in favor of Assessee. - D.B.CIVIL WRIT PETITION NO.11550/2013, D.B.CIVIL WRIT PETITION NO.11577/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directions were given to the Range Superintendent, Bhiwadi to send his report after verification of the documents and, thereafter, there is no communication or update on the part of the respondents. According to the petitioner, the appeal and the stay application remain pending adjudication. In CWP No.11578/2013, the petitioner is said to have preferred appeal on 17.05.2013 against the order-in-original dated 16.03.2013 with application for stay of demand and waiver of predeposit. According to the petitioner, hearing in the appeal and the stay application is awaited. The similar nature grievance projected in these writ petitions is that despite pendency of appeal and the prayer for interim relief before the Appellate Authority, the resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... steps for the recovery of the demands vis-a-vis such petitioners would be initiated. Instead, the respondents would ensure that such appeals and interim applications are heard as contemplated by the Act at the earliest and preferably within a period of three weeks herefrom. The petitioners would unfailingly cooperate with the forums to meet the time frame fixed. It is made clear that this Court has not offered its comment on the merits of the appeals and/or interim applications filed and that the concerned forums would take appropriate decisions thereon without in any manner influenced by this determination. The petitions are thus allowed to the extent as indicated hereinabove. No costs. A copy of this order be placed in all the files. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of these writ petitions as well as stay applications as under:- (i) The Appellate Authority i.e. Commissioner in the case of Writ Petition No.8874/2013 and CESTAT in other remaining four cases, are directed to fix a date for deciding the stay application filed by petitioners along with appeals at the earliest. (ii) The parties are directed to appear before the concerned Appellate Authority/CESTAT on 7.6.2013 and on that date a date will be fixed for hearing of the stay applications by the concerned Appellate Authority/CESTAT. (iii) The stay applications will be heard and disposed of within a period of six weeks thereafter. (iv) The respondent Department will not make recovery of the amount in question till final disposal of the sta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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