9911796707
TMI Blog2013 (12) TMI 1237X X X X Extracts X X X X X X X X Extracts X X X X ..... i Haran, learned counsel for the petitioner in W.P.No.5118 of 2013, Sri B.Srinivas, learned counsel for the petitioner in W.P.No.5138 of 2013 and Sri A.Rajasekhar Reddy, learned Senior Standing Counsel for the respondents in both the writ petitions. 2. The petitioners herein were assessed to excise duty along with interest and penalty under the provisions of the Central Excise Act, 1944 by the 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equirement of pre-deposit of the disputed duty, interest and penalty pending disposal of the appeal. 5. On account of a vacancy in the Tribunal due to the retirement of a technical member, the Tribunal was not able to take up the stay applications in the above appeals filed by the petitioners before it. 6. Meanwhile a Circular dt.01-01-2013 has been issued by the Central Board of Customs and Exc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... end that they have filed appeals before the Tribunal challenging the order-in-original and order-in-appeal respectively passed against them; that they have prima facie case and balance of convenience in their favour; that pending consideration of their stay applications by the Tribunal, if coercive measures are taken by respondents to recover the disputed duty, interest and penalty, it would rende ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplications in the appeals which have been filed before it since the said vacancy arose, we are of the view that interests of justice would be met if the respondents are restrained from making recovery of the disputed duty, interest and penalty from the petitioners, pending consideration of their stay applications in the appeals preferred by them before the Tribunal which are pending. The detentio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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