https://www.taxtmi.com/caselaws?id=112558 Further recovery of penalty under Rule 96ZO of the Central Excise Rules, 1944 may be stayed pending consideration of an extension-of-stay request by the Division Bench, where a pre-deposit has already been made under Section 35F of the Central Excise Act, 1944. The text notes that a single Member should not modify an earlier Division Bench stay order, but may grant interim protection under Rule 41 of the CESTAT (Procedure) Rules to avoid undue hardship and preserve the subject matter. On that basis, temporary protection against recovery was granted until the Division Bench decided the extension petition. en-us Mon, 02 Aug 2004 00:00:00 +0530 Mon, 30 Apr 2012 16:15:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=112558 Further recovery of penalty under Rule 96ZO of the Central Excise Rules, 1944 may be stayed pending consideration of an extension-of-stay request by the Division Bench, where a pre-deposit has already been made under Section 35F of the Central Excise Act, 1944. The text notes that a single Member should not modify an earlier Division Bench stay order, but may grant interim protection under Rule 41 of the CESTAT (Procedure) Rules to avoid undue hardship and preserve the subject matter. On that basis, temporary protection against recovery was granted until the Division Bench decided the extension petition. Case-Laws Central Excise Mon, 02 Aug 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=112558