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2014 (3) TMI 352 - ALLAHABAD HIGH COURTRecovery proceedings where the stay application is pending - Disallowance of CENVAT Credit - Held that:- Provisions contained in the circular dated 1 January 2013 mandating the initiation of recovery proceedings thirty days after the filing of an appeal, if no stay is granted, cannot be applied to an assessee who has filed an application for stay, which has remained pending for reasons beyond the control of the assessee. Where however, an application for stay has remained pending for more than a reasonable period, for reasons having a bearing on the default or the improper conduct of an assessee, recovery proceedings can well be initiated as explained in the earlier part of the judgment - we dispose of the petition by requesting the CESTAT to dispose of the stay application filed by the petitioner, within a period of eight weeks of the receipt of a certified copy of this order - In the meantime, no coercive action against the petitioner for recovery of the demand will be taken - Following decision of Larsen & Toubro Ltd. Vs. Union of India [2013 (1) TMI 555 - CESTAT, CHENNAI] - Decided partly in favour of assessee.
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