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    <title>2009 (2) TMI 532 - CESTAT, AHMEDABAD</title>
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    <description>Coercive recovery should not continue while stay petitions remain pending before the appellate forum, and enforcement against detained goods may be deferred where immediate action would prejudice the appellant. The Tribunal noted that the stay petitions were filed and awaiting listing or disposal, and that the goods were perishable and at risk of deterioration. Applying the settled principle against coercive recovery during pendency of a stay request, it protected the appellant from immediate enforcement. Interim stay was granted, the Revenue was directed to lift detention at once, and further action was postponed until the stay petitions were finally decided.</description>
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    <pubDate>Tue, 10 Feb 2009 00:00:00 +0530</pubDate>
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      <title>2009 (2) TMI 532 - CESTAT, AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=125161</link>
      <description>Coercive recovery should not continue while stay petitions remain pending before the appellate forum, and enforcement against detained goods may be deferred where immediate action would prejudice the appellant. The Tribunal noted that the stay petitions were filed and awaiting listing or disposal, and that the goods were perishable and at risk of deterioration. Applying the settled principle against coercive recovery during pendency of a stay request, it protected the appellant from immediate enforcement. Interim stay was granted, the Revenue was directed to lift detention at once, and further action was postponed until the stay petitions were finally decided.</description>
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      <pubDate>Tue, 10 Feb 2009 00:00:00 +0530</pubDate>
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