2013 (12) TMI 936

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....pta, SDR, for the Respondent. ORDER The present miscellaneous application is for grant of stay of recovery of the penalty imposed on the appellant, during the pendency of reference application before the Hon'ble High Court. It is seen that vide impugned order passed by the lower authorities penalty of Rs. 10 lakh was imposed upon the applicant. The said order was appealed against before the ....

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.... Hon'ble High Court. The said reference application is pending decision before the Hon'ble High Court. 4. In the meanwhile, the revenue has initiated recovery proceedings against the appellant and has issued letter dated 24-1-2011 requiring the applicant to deposit the amount of Rs. 10 lakhs within a period of ten days. Consequently, the present miscellaneous application stands filed by the app....

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....533, which holds that the Hon'ble High Court has no power to grant stay pending reference application before it and that this Hon'ble Tribunal retains the jurisdiction to grant such stay. 6. Further, referring to the Tribunal's decision in the case of Roxy Enterprises Pvt. Ltd. v. CCE reported in 1992 (60) E.L.T. 477 (Tribunal) and Chowbey Sugandhit Tambaku Co. v CCE, Patna reported in 2003 (16....