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2011 (3) TMI 636 - AT - CustomsApplication of stay - there could be no doubt that the Order-in-Appeal against the same is an interim order of the Commissioner (Appeals) and not an order within the meaning of Section 128A(3) of the Customs Act, 1962 - If that be so, it is to be held that the present appeal of the Commissioner against an interim order passed by the Commissioner (Appeals) is not maintainable - Any genuine case of the Revenue cannot be allowed to be defeated by any delay on the part of the Commissioner (Appeals) - It is clarified that this direction is being issued for the ends of justice under Rule 41 ibid
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