9911796707
TMI Blog2013 (11) TMI 1556X X X X Extracts X X X X X X X X Extracts X X X X ..... Advocate, for the Appellant. Shri Pramod Kumar, DR, for the Respondent. ORDER The miscellaneous application stands filed for grant of interim orders during the pendency of stay petition as the Revenue is proceeding ahead with the recovery. 2. It is seen that the appeal was filed along with stay petition on 18th March, 2013 against an order passed by the Commissioner on 25-12-2012 vide whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o by the appellant intimating that the matter is listed before the Tribunal on 11-11-2013 and they should await the decision of the Tribunal on their stay application and the recovery of dues may be kept in abeyance. The said letter was taken note of by the Superintendent who again addressed a letter on 12-11-2013 to the appellant threatening with coercive action if the dues have not been deposite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re being no bench on the said date and the matter being listed before the Tribunal on 7-1-2014. It may not be out of context to observe here that it is not in the hands of the assessee to procure a stay order within a short span of time given by the jurisdictional Central Excise Authorities. The Tribunal is dealing with heavy work load and if on account of one reason or the other, the stay petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umber of decisions that recovery should not be effected during pendency of the stay petition before the Higher Appellate Forum. As such, we do not appreciate such type of writing of threatening letters to the assessee especially when the entire development is being brought to the notice of the departmental officers by the assessee. 7. Having expressed our anguish, we grant stay against recov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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