2014 (1) TMI 737

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..... his misc. application No. 158/2012 seeking early hearing of stay petition in appeal No. C/432/2012 has become infructous inasmuch as the stay petition is already listed today. Accordingly, the misc. application is dismissed as infructous. 2.1. Heard both sides on the stay petition No. 258/2012 in appeal No. C/432/2012. This application has been filed by the department seeking stay of operation of .....

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..... the Tribunal in the case of Shivam International & others vs. Commissioner of Customs, Chennai [2011-TIOL-1181-CESTAT-MAD] has held that the goods cannot be treated as 'hazardous waste' and against that order of the Tribunal, the department has moved to the Hon'ble High Court but no stay has been granted. Therefore, he submits that there is no reason for staying the operation of the Commissioner' .....

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