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TMI Blog2013 (6) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... R With the consent of the learned counsel for the parties, the writ petition was heard and it is being disposed of finally. 2. The petitioner has preferred this writ petition with the following prayers:- (i)the impugned Circular No. 967/01/2013-CX dated 1/1/2013 (Annexure-5) may be quashed and set aside. (ii)it may be declared that the Central Board of Excise & Customs has no statutory author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Appellate Authority and no date has been fixed by the Appellate Authority for hearing of the stay petition. He further submitted that the respondent department has issued a Circular dated 1st January, 2013 to the effect that recovery should be made from those assessee also where appeal is preferred but no interim stay order has been passed. In pursuance of the said Circular, a recovery notice d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the parties and examined the impugned order and other documents available on record. 6. There is no dispute between the parties that order in original passed by Assessing Officer has been challenged by the petitioner in appeal along with the stay petition and Circular dated 1st January, 2013 (Annexure-5) has already been quashed by the coordinate Bench of this Court in D.B. Civil Writ Petition No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise and Customs, Jaipur, to decide the stay petition as early as possible, but not later than a period of eight weeks. Parties are directed to appear before the Appellate Authority on 5th June, 2013. It is further directed that respondent department will not make recovery of the amount in dispute till disposal of the stay petition by the Appellate Authority. 9. Stay application (No. 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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