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TMI Blog2015 (11) TMI 602X X X X Extracts X X X X X X X X Extracts X X X X ..... herein to file an appeal before the CESTAT along with stay application, without making pre-deposit of 7.5% of the tax amount confirmed against the petitioner, within a period of two weeks from the date of receipt of a copy of that order. But, as far as the present case is concerned, since the petitioner has got enough time to file an appeal before the appellate authority, the petitioner is directe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by M/s.Sulzer Friction Systems (India) Ltd., represented by its Director V. Bhaskararamam, challenging the impugned order in original No.24/2015 (C.No.V/15/87/45/2014-Adjn) dated 17.6.2015 passed by the Commissioner of Central Excise, Chennai I Commissionerate, as arbitrary, illegal and unsustainable in law. 3. Mr.K.Jayachandran, learned counsel appearing for the petitioner submitted that pec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otal demand and accordingly there will be waiver of pre-deposit and the application for stay of recovery during pendency of appeal was allowed. When that being the case, the respondent ought not to have taken a different view and passed the impugned order, pleaded. 4. It appears that the ratio laid down by the Allahabad Tribunal has not been brought to the notice of the respondent. However, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase is concerned, since the petitioner has got enough time to file an appeal before the appellate authority, the petitioner is directed to file an appeal before the appellate authority along with stay application and on such appeal being filed by the petitioner along with stay application, the appellate authority is hereby directed to entertain the same without insisting of pre-deposit of 7.5% of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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