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Issues: Whether the Department can insist on payment of the duty demand after the Tribunal has extended stay till disposal of the appeal, and whether clarification was required regarding the effect of the stay order.
Analysis: The Tribunal noted that a clear order extending stay till disposal of the appeal had already been passed. It clarified that where stay is extended till disposal of the appeal and not for a limited period, the Department cannot insist on recovery of the duty demand that forms the subject matter of the appeal. It further observed that if the Department has any doubt, it may seek clarification or modification from the Tribunal.
Outcome: The Department was directed not to insist on payment of the disputed duty during the subsistence of the stay extended till disposal of the appeal.
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