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2013 (10) TMI 632

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..... ssioner’s post has been lying vacant and also, the senior most AR (Additional Commissioner), posted in this Bench has been on training for last two months and no replacement has been provided. Besides, sufficient number of ARs has not been posted. The Department, accordingly, has been taking adjournments frequently. In these circumstances, initiation of recovery proceeding for not disposal of the .....

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..... ed 03.11.2012 referring to the Circular No.967/01/2013-CX dated 01.01.2013. The Applicant have responded to the said recovery notice through their letter dated 21.06.2013, whereby they had quoted judgments of different High Courts submitting that the said Circular has been quashed and cannot be a ground for initiation of recovery proceeding. He has submitted that in response to the said reply, the .....

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..... that for delay in disposal of stay applications before this Tribunal, the Department is also equally responsible in as much as for the last one year, the Commissioner s post has been lying vacant and also, the senior most AR (Additional Commissioner), posted in this Bench has been on training for last two months and no replacement has been provided. Besides, sufficient number of ARs has not been .....

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