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Issues: Whether the Tribunal had jurisdiction to grant stay of its final order when the reference application lay directly to the High Court under Section 35H of the Central Excise Act.
Analysis: The reference mechanism under Section 35H was treated as a direct application to the High Court. On that basis, and in view of the absence of Tribunal jurisdiction in the reference matter, the prayer for stay of the final order was not maintainable before the Tribunal.
Conclusion: The application for stay was rejected.
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