HI TECH TIMES Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) THERE is a demand of Rs. 33,00,321/ - on the appellants under Section 11D of the Central Excise Act, which is under challenge in the captioned appeal. The appellants' application for waiver of pre -deposit and stay of recovery of the above amount stands posted to 17 -10 -2005. Meanwhile, the department has issued a detention order to enforce the above demand. The present application seeks the relief of interim stay of recovery till final disposal of the stay application. As the stay application does not arise for consideration today, Id. SDK is not in a position to argue the stay matter.

(2.) AFTER hearing Id. Counsel for the appellants and considering his submissions, we are of the view that interim relief should be granted in this case for the ends of justice. Accordingly, in exercise of our powers under Rule 41 of the CESTAT (Procedure) Rules, 1982, we grant interim stay of recovery till final disposal of the stay application filed by the appellants. Order by dasti.