2013 (11) TMI 301

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..... 8 - BOMBAY HIGH COURT] - The Commissioner of Central Excise (Appeals) directed to dispose of the stay application.
Dr. D.Y. Chandrachud and A.A. Sayed, JJ. Shri Prakash Shah with Jas Sanghavi and Uchit Sheth, i/by PDS Legal, for the Petitioner. Shri Pradeep S. Jetly with Ms. Suchitra Kamble, for the Respondent. ORDER Though an appeal against an order of adjudication as well as a stay applic .....

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..... iling of an appeal, if no stay is granted, cannot be applied to an assessee who has filed an application for stay, which has remained pending for reasons beyond the control of the assessee. Where, however, an application for stay has remained pending for more than a reasonable period, for reasons having a bearing on the default or the improper conduct of an assessee, recovery proceedings can well .....

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..... rvations since despite the judgment of this Court, petitions have been filed repeatedly complaining of the action of the Revenue in taking coercive steps for the recovery of the dues without disposal of stay applications and without any inaction or delay on the part of the assessee. 3. The petition stands disposed of. There shall be no order as costs.
Case laws, Decisions, Judgements, Or .....

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