TMI Blog2013 (6) TMI 653X X X X Extracts X X X X X X X X Extracts X X X X ..... d Mahendra Maheshwari,JJ. For the Petitioner : Mr. Dinesh Mehta For the Respondent : Mr. V. K. Mathur ORDER With the consent of the learned counsel for the parties, the writ petition was heard and it is being disposed of finally. 2. The petitioner has preferred this writ petition with the following prayers:- (i) the impugned Circular No. 967/01/2013-CX dated 1/1/2013 (Annexur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 44 on 4th November, 2011 along with stay petition. He submitted that his appeal as well as stay petition both are pending before the Appellate Authority and no date has been fixed by the Appellate Authority for hearing of the stay petition. He further submitted that the respondent department has issued a Circular dated 1st January, 2013 to the effect that recovery should be made from those assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he disposal of the stay petition before the Appellate Authority. 5. We have considered the submissions of the learned counsel for the parties and examined the impugned order and other documents available on record. 6. There is no dispute between the parties that order in original passed by Assessing Officer has been challenged by the petitioner in appeal along with the stay petition and Circul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iew of above, the writ petition is disposed of, with the direction to the Appellate Authority i.e. Commissioner of Appeals, Jaipur-II, Central Excise and Customs, Jaipur, to decide the stay petition as early as possible, but not later than a period of eight weeks. Parties are directed to appear before the Appellate Authority on 5th June, 2013. It is further directed that respondent department will ..... X X X X Extracts X X X X X X X X Extracts X X X X
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