https://www.taxtmi.com/caselaws?id=267710 The Tribunal granted a stay on the recovery of confirmed duty and penalty until the appeal's final disposal. It found merit in the appellant's argument that a demand based on an order set aside by CESTAT did not survive, and the Adjudicating authority exceeded its scope by re-deciding the issue pending before the Commissioner. The appellant's prima facie case for a complete waiver of dues and penalty led to the Tribunal ordering the stay, emphasizing the invalidity of the demand based on the earlier order set aside by CESTAT. en-us Mon, 12 Oct 2015 00:00:00 +0530 Tue, 10 Nov 2015 21:41:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=267710 The Tribunal granted a stay on the recovery of confirmed duty and penalty until the appeal's final disposal. It found merit in the appellant's argument that a demand based on an order set aside by CESTAT did not survive, and the Adjudicating authority exceeded its scope by re-deciding the issue pending before the Commissioner. The appellant's prima facie case for a complete waiver of dues and penalty led to the Tribunal ordering the stay, emphasizing the invalidity of the demand based on the earlier order set aside by CESTAT. Case-Laws Central Excise Mon, 12 Oct 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=267710