1987 (5) TMI 38

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....ring the pendency of the appeal before it, the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi has refused to grant stay of recovery of the amount directed to be paid by the petitioner by order of the Collector of Central Excise, Allahabad. The Copy of the order of the Tribunal is Annexure 'A-6' to the petition. The Tribunal has asked the petitioner (Appellant before it) to deposi....

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....es page 301], a Division Bench of this Court in a similar situation took the view that the Tribunal was to deal with the plea about the demand being barred by time, though in a prima facie, manner, in its order on application made by the appellant before it for stay of the realisation of the amount under Challenge. Some other decisions taking similar view were also brought to our notice. 3. Hav....