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TMI Blog2015 (2) TMI 869X X X X Extracts X X X X X X X X Extracts X X X X ..... eal, we waive the predeposit of duty along with interest and penalty and stay its recovery till disposal of appeal - Stay granted. - C/40922/2013 - MISC ORDER No.41451/2014 - Dated:- 10-11-2014 - Shri P.K. Das and Shri R. Periasami, JJ. For the Appellant : Ms. Sridevi, Advocate For the Respondent : Ms. Indira Sisupal, AC (AR) ORDER Per P.K. Das; 1. The applicant filed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o.42930-42931/2013 dt. 18.12.2013 granted unconditional stay. She further submits that the Tribunal in the case of CC Vs Gopi Chand Krishan Kumar Bhatia - 2013-TIOL-920-CESTAT-DEL, after distinguishing the decision of Hon'ble Punjab Haryana High Court in Friends Trading Co. reported in 2011-TIOL-406-CESTAT-DEL allowed the appeal and set aside the impugned order. In that case, it was held tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posit 50% of the duty amount and the balance amount as Bank Guarantee. Ld. AR also relied upon the decision of Hon'ble Supreme Court in the case of CC (Preventive) Vs Aafloat Textiles (I) P. Ltd. - 2009 (235) ELT 587 (SC). We find that there are decisions on this issue on both sides. The Tribunal in the latest decision in the case of CC Vs Gopi Chand Krishan Kumar Bhatia (supra) held as under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. As there is conflicting of views of the Tribunal on this issue, and since the Tribunal in the recent decision dismissed the Revenue's appeal, we waive the predeposit of duty along with interest and penalty and stay its recovery till disposal of appeal. Stay application is allowed. 5. The Ld. AR on behalf of Revenue submits that matter may be fixed for early hearing. Accordingly, we fix the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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