2017 (5) TMI 1476 - ALLAHABAD HIGH COURT

Maintainability of appeal - Held that: - the tribunal was not justified to avoid the decision on merits of the statutory appeal when specific directions were issued by the High Court to decide the same notwithstanding the pendency of appeal before the Supreme Court when there is no stay of the proceedings before the CESTAT. Accordingly, the order of the CESTAT impugned therein was set aside and it was directed to decide the appeal afresh on merits - appeal allowed by way of remand.