M/S. Shri Hargobind Steel Vs. Cce, Chandigarh - Court Judgment

Excerpt:
1. stay petitions have been filed in these five cases praying for dispensing with pre-deposit in terms of section 35f and set aside the order.2. arguing the cases for the applicants, shri v.lakshmi kumaran and balbir singh, ld. advocates submit that in the instant cases the duty has nt been quantified and, therefore the applications for stay are premature. they submit that however the department may be directed not to take coercive measure for detention of the goods etc.3. shri s.k.das, ld. jdr submits that since the applications are premature, therefore, they may be dismissed.4. heard the submissions of both sides. we find that the impugned order does not quantify the demand of duty and since the duty has not been quantified, the applications are premature. stay applications are, therefore dismissed.5. however, in the mean time, the department will not take any coercive measure for detention of the goods.

Judgment:
1. Stay petitions have been filed in these five cases praying for dispensing with pre-deposit in terms of Section 35F and set aside the order.

2. Arguing the cases for the applicants, Shri V.Lakshmi Kumaran and Balbir Singh, ld. Advocates submit that in the instant cases the duty has nt been quantified and, therefore the applications for stay are premature. They submit that however the department may be directed not to take coercive measure for detention of the goods etc.

3. Shri S.K.Das, ld. JDR submits that since the applications are premature, therefore, they may be dismissed.

4. Heard the submissions of both sides. We find that the impugned order does not quantify the demand of duty and since the duty has not been quantified, the applications are premature. Stay applications are, therefore dismissed.

5. However, in the mean time, the department will not take any coercive measure for detention of the goods.