M/S. Patwari Udhyog and ors. Vs. Cce, Patna - Court Judgment

Excerpt:
1. shri r. santhanam, advocate prays for withdrawal of their stay application as no demand has been quantified by the jurisdictional authorities so far. he submits that their prayer was f or stay of the operation of the impugned order and at this stage, the appellants are not pressing for the same and pray that their appeals be heard expeditiously.2. shri rajeev tandon, sdr refers to the order part in the impugned order where the commissioner had directed the appellants to pay duty on the basis for annual capacity of production determined at 6851.96. m.t.he however, fairly concedes that no demand had been quantified so far.3. after hearing both the sides, we dismiss the stay applications as withdrawn. both the appeals will be heard on 25th july, 2001.4. in the meanwhile, if so desired the id. sdr may get a report from the jurisdictional authorities about the quantification of the demand, if any.

Judgment:
1. Shri R. Santhanam, Advocate prays for withdrawal of their stay application as no demand has been quantified by the jurisdictional authorities so far. He submits that their prayer was f or stay of the operation of the impugned order and at this stage, the appellants are not pressing for the same and pray that their appeals be heard expeditiously.

2. Shri Rajeev Tandon, SDR refers to the order part in the impugned order where the Commissioner had directed the appellants to pay duty on the basis for annual capacity of production determined at 6851.96. M.T.He however, fairly concedes that no demand had been quantified so far.

3. After hearing both the sides, we dismiss the stay applications as withdrawn. Both the appeals will be heard on 25th July, 2001.

4. In the meanwhile, if so desired the Id. SDR may get a report from the jurisdictional authorities about the quantification of the demand, if any.