K.PHANI RAJU

2013-TIOL-23-HC-AP-CX IN THE HIGH COURT OF ANDHRA PRADESH AT HYDERABAD WP MP No.877 of 2013 WP No.734 of 2013 ULTRATECH CEMENT LTD, UNIT: ANDHRA PRADESH CEMENT WORKS BOGASAMUDRAM VILLAGE, TADPATRI MANDAL, TIRUPATI REP BY SHRI P K JAIN, SR VICE PRESIDENT Vs 1) UNION OF INDIA, REP BY ITS SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NEW DELHI 2) THE CENTRAL BOARD OF EXCISE AND CUSTOMS, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, REP BY ITS CHAIRMAN, NEW DELHI 3) COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE, TIRUPATI 3) THE SUPERINTENDENT OF CENTRAL EXCISE, TADIPATRI RANGE, ANANTAPUR CE - Writ - Recovery of Confirmed Demands - CBEC Circular No.967/2013 dated 1.1.2013 - Recovery Stayed till Appellate Authority decides Stay application. L Narasimha Reddy And Sanjay Kumar, JJ Date: January 9, 2013 Appellant Rep by: Mr Lakshmi Kumaran Respondent Rep by: Mr Jalakam Sathyaram (SC) Petition under Section 151 of C.P.C. praying that in the circumstances stated in the affidavit filed in the W.P. the High Court may be pleased to grant stay of clarification issued vide Sl.No.3 of the Circular No.967/01/2013-CX dated 01.01.2013 and consequent Letter O.C.No.496/2012-13 dated 04.01.2013 issued by the Respondent No.2, pending disposal of WP No. 734 of 2013 on the file of the High Court. The court, while directing issue of notice to the Respondents herein to show cause as to why this petition should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). ORDER There shall be interim stay of recovery of the amount involved, till the appellate authority disposes of the application for stay. It is made clear that the petitioner shall be under obligation to abide by the order that may be passed by the appellate authority and the pendency of this writ petition shall not be treated as a factor to avoid the liability.