Stay of recovery continues despite fresh demand notice, with CESTAT applying its earlier approach under customs appeal procedure.

A stay of recovery already granted in pending appeals should continue until final disposal, even where a fresh demand notice is issued. The CESTAT Chennai applied its earlier view on similar applications and extended that approach to matters under Section 129E of the Customs Act, treating the fresh notice as not disturbing the subsisting stay. The authorities were directed to take note of this position, and the stay remained operative till the appeals were finally decided.

---

---

Issues: Whether the stay of recovery already granted in the appeals should continue in force till final disposal despite the fresh demand notice.

Analysis: The Tribunal held that its earlier view on similar applications, namely that a stay of recovery already granted should remain operative till the appeals are finally decided, applies equally to matters under Section 129E of the Customs Act. It directed that the authorities concerned note this position and treated the fresh demand notice as not affecting the subsisting stay.

Conclusion: The stay already granted was directed to continue till final disposal of the appeals, and the applications were disposed of accordingly.

---