1987 (2) TMI 75

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..... icle 226 of the Constitution, for a direction to the Assistant Collector, Central Excise Division, Allahabad, to comply with the directions given by the Collector, Central Excise (Appeals) dated 1-2-1985 in appeal No. 23-C/Alld./85. The relevant portion of the directions as under :- "In the circumstances, the appeal succeeds on merit is accordingly admitted. The order of the Assistant Collector .....

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..... of the things stated in Para 10 of the counter affidavit, is that against the aforesaid order of the Collector (Appeals), New Delhi, a second appeal has been preferred before the Tribunal and that the same is pending. It has further been averred that on the stay application moved before the Appellate Tribunal of Customs, Excise and Gold (Control), New Delhi, for a direction to stay the operation .....

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..... sistant Collector, Central Excise, Allahabad to decide it within six weeks. This will of course, be subject to any stay which is given by the Appellate Tribunal of Customs, if any stay is granted by the Tribunal, it will not be necessary for the Assistant Collector to comply with the order of the Collector (Appeals) and to act in accordance with the stay which may be passed by the Appellate Tribun .....

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