Stay of order cannot be granted based on probability of revenue succeeding

Commissioner of Customs Vs SKOT India (CESTAT Chennai)

CESTAT Chennai held that merely stating the probability of revenue succeeding in their appeal, is a bald statement which cannot be stated to be a reasonable plea for granting stay of order. Hence, stay not granted since sufficient cause not shown.

Facts- The respondents exported mango/guava pulp and claimed a higher RoDTEP incentive (2.5%) by allegedly misclassifying their products under CTH 0804 5040 / 0804 5090. The Adjudicating Authority held that, due to sterilization, the correct classification of

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