9911796707
TMI Blog2014 (5) TMI 462X X X X Extracts X X X X X X X X Extracts X X X X ..... 3775/2013) came to be filed by the respective assesses in the background of the fact that under the demand notices by the concerned Central Excise Officers, they were called upon to deposit the amount of duty, allegedly due under the Orders in- Original passed in the respective cases on 26.10.2012 and 23.11.2012. In essence, the submissions in both the writ petitions had been that the respective appeals alongwith stay applications filed by the petitioners-assessees before CESTAT remained pending and the matters were adjourned on several dates for one reason or another like those of non-availability of Bench or of not reaching but without any fault on the part of the petitioners. It was further submitted that the impugned demand notices had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ept pending for reasons not attributable in any manner whatsoever to the petitioners/assesses and resultantly, no interim relief had been granted is non-est. Consequently, no coercive steps for the recovery of the demand vis-à-vis such petitioners would be initiated. Instead, the respondents would ensure that such appeals and interim applications are heard as contemplated by the Act at the earliest and preferably within a period of three weeks herefrom. The petitioners would unfailingly cooperate with the forums to meet the time frame fixed. It is made clear that this Court has not offered its comment on the merits of the appeals and/or interim applications filed and that the concerned forums would take appropriate decisions thereon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... situated in a different Commissionarate. It has further been pointed out that now the Commissioner of Central Excise Jaipur-II, in his letter C. No. V (Law) HQ./Misc./1/2013 dated 09.12.2013, has issued specific directions to all the field formations not to initiate coercive steps for the recovery of the demands where appeals with stay application had been filed but no stay had been granted and the stay application had been kept pending, in terms of the order passed in Maglam Cement Ltd. case (supra). During the course of the submissions, it has also been pointed out that so far the petitioner of CWP No. 13098/2013 Fashion Suitings Pvt Ltd. is concerned, specific order has been issued on 03.12.2013 withdrawing the demand notices earlier i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
