1994 (2) TMI 73

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....High Court in a writ petition. The writ petition was filed by the appellant against the judgment and order of the Collector, Central Excise. Sri Vellapally, learned Counsel for the Revenue raised an objection that the writ petition was not maintainable inasmuch as the appellant had not availed of the alternative remedy of appeal provided by the statute. He relies upon the decision in Assistant Col....

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....ded by the High Court in the judgment under appeal. Sri Vellapally is agreeable to this course. Accordingly, the appeal is disposed of. No costs. 2. It is directed that pending the appeal before the Tribunal, the stay of penalty granted by this Court on March 27, 1992 shall continue. Sri Dave, learned Counsel for the assessee states - which statement is recorded herewith - that the appellant ha....