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TMI Blog2024 (7) TMI 1356X X X X Extracts X X X X X X X X Extracts X X X X ..... tral Excise Rules, 2002 - stay granted in the case of Indsur Global Ltd. [ 2014 (12) TMI 585 - GUJARAT HIGH COURT] by the Hon ble Supreme Court is binding upon the Learned Tribunal or not? - HELD THAT:- It cannot be disputed that the decision in the case of Indsur Global was challenged before the Hon ble Supreme Court in [ 2014 (11) TMI 1101 - SC ORDER] and by order dated 24th September, 2015 the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial Leave to Appeal No.16523/2015 and other connected matters. Appeal retsored. - Hon'ble The Chief Justice T.S Sivagnanam And Hon'ble Justice Hiranmay Bhattacharyya For the Appellant : Mr. Tapan Bhanja, Adv. For the Respondent : None ORDER This appeal by the revenue filed under Section 35G of the Central Excise Act, 1944 (the Act) is directed against the order dated 27.04.2023 passed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, 2002 can the respondent is permitted to clear their goods in subsequent period ? iii. Whether the stay granted in the case of Indsur Global Ltd. by the Hon ble Supreme Court is binding upon the Learned Tribunal or not ? We have heard the learned Counsel for the appellant. The two notices sent to the respondent are returned. This appeal filed by the department under Section 130 of the Customs A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court of Gujarat. The decision of this Court in Goyal MG Gases (supra) appears to have been rendered taking note of the decision of the High Court of Gujarat in the case of Indsur Global (supra). When similar appeal came up before this Court on earlier occasion, the Court has set aside the order of the learned Tribunal and remanded the matter back to the Tribunal to be kept pending before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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