Case Law Details
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 of the above, post the matter on 31.01.2013. There will be an order of interim stay and interim injunction till then.
HIGH COURT OF MADRAS
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