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2008 (3) TMI 344

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..... nnexure-T). 2. It is the case of the petitioners (Commissioner of Central Excise and Customs, Surat-II and Assistant Commissioner of Central Excise and Customs, Division-I, Ankleshwar) that respondent No. 2 - Tonira Pharma Ltd., has not paid the amount of duty and penalty as per the order of the Tribunal which is under challenge in Tax Appeal No. 1102 of 2007. 3. Mr. Harin Raval, learned Assis .....

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..... epared to pay the balance amount, if any, against the duty liability or penalty or both, on payment of the entire liability in pursuance of the impugned order pending before us in appeal, the Tribunal will be at liberty to pass appropriate order on the application including stay application on the basis of the facts stated in the Miscellaneous Application for review submitted before the Tribunal." .....

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..... . In view of the above submissions, notice returnable on 25 March, 2008. By this ad-interim order, we direct that the Tribunal shall not consider the stay application of Tonira Pharma Ltd. of granting the extension beyond 14th March, 2008, without their paying the amount of duty and penalty as per the order dated 1-11-2006 of the Tribunal, which is challenged in Tax Appeal No. 1102 of 2007. It .....

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