M/S Indore Cancer Foundation Vs. C.C., Mumbai - Court Judgment

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CourtCustoms Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided OnMar-15-2001
AppellantM/S Indore Cancer Foundation
RespondentC.C., Mumbai
Excerpt:
1. the stay application filed by the applicant now before us was dismissed as unnecessary for the reason that the duty had not been quantified in the order impugned before it. this application seeks restoration on the ground that the duty has been subsequently quantified. however, it does not appear that addendum issued to the commissioner's order has been filed before the tribunal. therefore, while we dismiss the application, we leave it open to the applicant to file, if it considers necessary, another application as and when it receive the addendum in due course.
Judgment:
1. The stay application filed by the applicant now before us was dismissed as unnecessary for the reason that the duty had not been quantified in the order impugned before it. This application seeks restoration on the ground that the duty has been subsequently quantified. However, it does not appear that addendum issued to the Commissioner's order has been filed before the Tribunal. Therefore, while we dismiss the application, we leave it open to the applicant to file, if it considers necessary, another application as and when it receive the addendum in due course.