2004 (2) TMI 474

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..... M., Member (T)]. This application for stay of operation of the order of Commissioner (A) is filed under Section 35F of Central Excise Act, 1944 and is not for waiver of pre-deposit of duty and penalty as no occasion for such deposit arose out of the Commissioner (A) s order. 2. The facts are that the Dy. Commissioner in his order dated 29-10-2001 dropped the demand of Rs. 90,00,334/- under .....

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..... t indicates that the appellant is not required to do so as in the face of the Commissioner (A) s order no amount by way of duty/penalty is confirmed against the appellant. 4. The applicant in the present case is seeking relief against the Commissioner (A) s order praying for stay of operation of his order, as it would otherwise adversely affect him. It is well established that the Tribunal has i .....

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