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Madras HC grant interim stay in respect of demand raised pursuant to CBEC Circular
Case Law Details
- Case Name
- Lenovo India (P.) Ltd. Vs Union of India (Madras High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Madras High Court
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Madras HC grant interim stay in respect of demand raised pursuant to CBEC Circular No. 967/01/2013-CX, dated 1-1-2013
Despite filing of the stay application, the direction for recovery makes it mandatory for the authority to recover the amount within a period of 30 days after the filing of the appeal even if there is a stay application pending and has not been disposed of. The plea taken is that the proviso to Section 35-F of the Central Excise Act does not specify any time limit. In such view of the matter, it is pleaded that the circular overreaches the provisions.
In view o...
