2013 (7) TMI 438

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....: P G Chacko: This matter was mentioned before us on 07/03/2013 by the counsel for the appellant, Shri R. Harish. The prayer was to grant ad interim stay in the wake of a recovery notice dt.28/02/2013 based on CBEC's Circular No.967/01/2013-CX dt.01/01/2013. After perusing the recovery notice and examining its impact, we ordered ad interim stay. Obviously, the stay order was to last till 15/05/....

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....ll disposal of the stay application by the Tribunal. The Declaration moved and the ad interim stay granted is evident from the enclosed copy of, the same." The Superintendent's reply dt. 11/03/2013 contained the following observations: "On perusal of the Appendix XXVI dt. 06/03/2013 enclosed to your letter dt. 08/03/2013, referred to above, it is observed that there are certain marginal remarks as....

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....r conferred on us by Rule 40 of the CESTAT (Procedure) Rules, we required the Superintendent to appear before us on 20/03/2013 (today). The Superintendent, Shri Naga Rajeswara Rao, is present in the Court. He has also produced copies of a communication sent to him by the appellant. These papers include copies of the appellant's letter dt. 08/03/2013 received by the Superintendent on the same day a....

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....rder was communicated to the Department was not correctly disclosed. Had it been correctly stated by the counsel for the appellant on the said date, we would not have summoned the Superintendent. The Superintendent of Central Excise and Customs, Kakinada came all the way to Bangalore and stayed in the city overnight in order to answer our summons. He is present before us in his official uniform an....