2005 (3) TMI 505

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..... for the Respondent. [Order per : V.K. Agrawal, Member (T)]. - This is an application by M/s. Aero Enterprises for staying the operation of the impugned order dated 4-11-2004 passed by the Commissioner of Customs. 2. Shri M.M. Alam, learned Advocate requested for adjournment as the senior advocate was not available. We observe that this stay application has come up for hearing earlier on .....

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..... her duty nor interest had been demanded nor any penalty has been levied, the stay application is non-maintainable. The applicants have filed the appeal against the interim order. We do no find any reason to interfere with the impugned order of the Commissioner (Appeals) as the stay under Section 129E of the Customs Act is only granted in respect of duty, penalty and interest and not against the op .....

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