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2013 (3) TMI 111 - HC - Central ExciseCircular No.967/01/2013-CX dated 01.01.2013 challenged and the consequential notice for recovery - Held that:- An appeal has been filed to the Commissioner (Appeals) on 30.06.2012 along with the stay application and no hearing has been granted so far. In the meanwhile, recovery notice has been issued based on the impugned Circular dated 01.01.2013. despite filing of the stay application. Notices be issued to the respondents to show cause as to why this petition be not admitted and finally disposed at this stage. Notices of the stay application be also issued. Notices be made returnable on 06.02.2013 and be given 'Dasti' to the learned counsel for the petitioner, if so desired. In the meanwhile until the next date in this matter or until disposal of the stay application by the Appellate Authority, whichever is earlier, there shall be stay over recovery of the amount involved.
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