9911796707
TMI Blog2013 (12) TMI 936X X X X Extracts X X X X X X X X Extracts X X X X ..... The present miscellaneous application is for grant of stay of recovery of the penalty imposed on the appellant, during the pendency of reference application before the Hon'ble High Court. It is seen that vide impugned order passed by the lower authorities penalty of Rs. 10 lakh was imposed upon the applicant. The said order was appealed against before the Tribunal and vide stay order dated 22-8- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation is pending decision before the Hon'ble High Court. 4. In the meanwhile, the revenue has initiated recovery proceedings against the appellant and has issued letter dated 24-1-2011 requiring the applicant to deposit the amount of Rs. 10 lakhs within a period of ten days. Consequently, the present miscellaneous application stands filed by the applicant for the said recovery. 5. It is the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o power to grant stay pending reference application before it and that this Hon'ble Tribunal retains the jurisdiction to grant such stay. 6. Further, referring to the Tribunal's decision in the case of Roxy Enterprises Pvt. Ltd. v. CCE reported in 1992 (60) E.L.T. 477 (Tribunal) and Chowbey Sugandhit Tambaku Co. v CCE, Patna reported in 2003 (162) E.L.T. 482 (Tri.-Kolkata), he submits that stay s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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