2010 (8) TMI 309

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..... r – Tribunal directed Revenue not to take any coercive measures and observed that the interim stay shall continue even after lapse of 180 days – Held that: - Tribunal stay order cannot be continued in absolute terms as there is a contentious issue as to whether the respondent returned the goods to the manufacturer or not - direct the respondent to furnish unconditional bank guarantee – Appeal disp .....

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..... s and Central Excise, Hyderabad-IV, initiated proceedings and issued a show cause notice, dated 6-10-2008, proposing to levy central excise duty penalty and interest under the provisions of the Central Excise Act, 1944, for alleged contravention of paragraph 8(3)(iii) under Notification No. 22/2003-C.E., dated 31-3-2003. The gravamen of the allegation is that the respondent removed non-duty paid g .....

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..... to take any coercive measures and observed that the interim stay shall continue even after lapse of 180 days. The same is assailed in the appeal under Section 35(G) of the Central Excise Act. This Court, while admitting the appeal, suspended the impugned interlocutory order of the Customs, Excise & Service Tax Appellate Tribunal. The respondent moved CEA.M.P. No. 243 of 2010 for vacating the inter .....

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