https://www.taxtmi.com/caselaws?id=82893 An interim stay of recovery may be granted where the foundational notice is prima facie without jurisdiction and the appellant shows an arguable case on merits. The Tribunal considered that a fresh show cause notice should have been issued before adjudication after the earlier notice had been treated as ab initio void. On that basis, it granted stay of recovery of duty and penalty, subject to an undertaking to maintain the prescribed balance in RG 23A pending disposal of the appeal. en-us Wed, 30 Oct 1991 00:00:00 +0530 Thu, 07 Jul 2011 18:46:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=82893 An interim stay of recovery may be granted where the foundational notice is prima facie without jurisdiction and the appellant shows an arguable case on merits. The Tribunal considered that a fresh show cause notice should have been issued before adjudication after the earlier notice had been treated as ab initio void. On that basis, it granted stay of recovery of duty and penalty, subject to an undertaking to maintain the prescribed balance in RG 23A pending disposal of the appeal. Case-Laws Central Excise Wed, 30 Oct 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=82893