2006 (1) TMI 144

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..... , vide communication dated 24-11-2005 in C. No. IV/16/109/05 by the Deputy Commissioner of Central Excise dated 24-11-2005 confirmed vide order of the Customs Excise and Service Tax Appellate Tribunal (South Zonal Bench) in final order No. 825/05 dated 9-6-2005 [2005 (186) E.L.T. 410 (T.)]. 2. Admittedly, the Customs, Excise and Service Tax Appellate Tribunal, Chennai in final order No. 825 of 2 .....

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..... since the application filed by the petitioner to set aside the order passed by the Tribunal is pending before the Tribunal, the first respondent should not have issued the demand notice. Such a contention is untenable. There is an order fixing the liability on the petitioner to pay the duty and when there is admittedly no stay against that order, the first respondent is entitled to make a demand f .....

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