2007 (8) TMI 629

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....the Appellant. Shri M.M. Mathkar, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - The present application is for modification of the Stay Order No. S/493/WZB/Ah'bad/07 dated 24-4-2007 by which the appellant was directed to deposit part amount of Rs. 25 lakhs as against the duty liability of Rs.1.05 crores and personal penalty of Rs. 50 lakhs. The above deposit was dir....

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....arguments, learned JDR submits that as per the Karnataka High Court decision in the case of C.C.E., Bangalore-III v. McDowell & Co. Ltd. - 2005 (186) E.L.T. 145 (Kar.), the Tribunal has no power to modify the stay order. 4. After considering the submissions made by both the sides, we expunge the above quoted line in the order and proceed to consider the financial position. At the outset, i....