JBM SUGARS LTD. Vs. CCE

JUDGEMENT

(1.) BY Stay Order No. 544/2001 dated 11.9.2001, we had directed the appellants to predeposit a sum of Rs. 50,00,000/ - (Rupees Fifty lakhs only) within three months and, on such deposit, balance of duty and penalty amounts were waived and recovery stayed. When the stay order expired in terms of Section 35C(2A) of the Central Excise Act, 1944, the department issued demand notice to the party dated 19.9.2005, copy of which is on record. The applicants have moved this application praying for extension of stay.

(2.) AFTER hearing both sides, we are inclined to grant extension of stay of recovery of the duty amount till final disposal of the appeal, following the Hon'ble Supreme Court's judgment rendered in the case of CC and CCE, Ahmedabad v. Kumar Cotton Mills Pvt. Ltd. 2005 (180) ELT 434 (SC) and also the Gujarat High Court's judgment in the case of Poly Fill Sacks v. UOI , and for the ends of justice. It is ordered accordingly.