9911796707
TMI Blog2004 (10) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... Malkan, learned Standing Counsel appearing on the advance copy of this petition being served upon him, waives service of notice of rule for respondents. 2.In response to the show cause notice dated 12-9-2003 the petitioner filed reply and the written submissions before the adjudicating authority, who had passed the order in original dated 31-3-2004 (issued on 30-4-2004) whereby he confirmed duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g upon the petitioner company to make the payment of duty confirmed by the Joint Commissioner, Central Excise in his order in original. On receiving the same the petitioner company by way of its reply dated 30-9-2004 filed on 1-10-2004 brought to the notice of both the respondents that their appeals with stay applications are pending before the Commissioner (Appeals), therefore, no recovery procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eply by the petitioners in response to letter dated 27-9-2004 of the Range Officer, no further letter was issued or any other measure for recovery were initiated by any Central Excise Officer including Range Officer. In para 4 of the reply affidavit it is stated that "it is not correct to say that the Respondents have initiated coercive action for recovery because only after completion of three m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e submitted that it is only because of this petition such a reply has come wherein it is stated that no further action was taken against the petitioners after receiving the reply to the notice. However, he submitted that it is not stated in the reply affidavit that they will not take coercive measures against the petitioners in future till the stay applications are decided. To this, Mr. Malkan, le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e measures against the petitioners at least for a period of one month from the date of the appointment of any officer in the office of Commissioner (Appeals) at Rajkot. As soon as any appointment is made in the office of the Commissioner (Appeals) at Rajkot, then it will be the duty of the petitioners to immediately approach the concerned officer and request him or her to take up their stay applic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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