2005 (2) TMI 675

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....Bhagya Devi, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J) (Oral)]. - We had granted interim stay of recovery of duty in favour of the appellants, as per Order No. 726/2001, dated 21-11-2001, following the interim stay order passed by the Apex Court in favour of BHEL, Bhopal in an appeal filed against an order of the Tribunal's Delhi Bench. It was made clear in our order date....

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....s that they have a strong prima facie case against the demand of duty and, therefore, they are entitled to stay of recovery of the duty erroneously demanded by the department. Ld. Counsel, further, points out that the department is bent on recovering the dues from the appellants in view of the fact that no order of stay subsists by virtue of Section 35C (2A) of the Central Excise Act. It is also c....