Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2010 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (8) TMI 212 - HC - Central ExciseAssessee filed an application for stay of the order - Tribunal granted stay of recovery vide Stay Order - subject to the assessee making a pre-deposit of 1/5th of the total amount of duty - after the amendment, the stay order granted comes to an end at the expiry of 180th day from the date of the stay order. Rightly the assessee filed an application for extension. The Tribunal ought to have considered the application on merits and then should have passed the appropriate orders - order passed by the Tribunal is ex facie, illegal and is liable to be set aside - matter remanded back to the Tribunal - appeal is allowed
|