Classic Tyres Vs. Commissioner of Customs, Tuticorin - Court Judgment

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CourtCustoms Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided OnMay-26-2009
Case NumberAppeal No.C/S/38 of 2009 & C/13 of 2009
Judge HON’BLE MS.JYOTI BALASUNDARAM, VICE-PRESIDENT & HON’BLE MR. P.KARTHIKEYAN, MEMBER (TECHNICAL)
AppellantClassic Tyres
RespondentCommissioner of Customs, Tuticorin
Advocates:For the Appearing Parties: V.V. Hariharan, JCDR.
Excerpt:
jyoti balasundaram none appears for the appellants despite notice. hence we heard ld. jcdr and perused the records. we find that the present appeal is not maintainable for the reason that it has been filed against stay order no. /2008 dated. 10.08.assed by the commissioner (appeals) directing predeposit of the entire amount of differential anti-dumping duty of rs.3,65,800/-.no appeal lies before the tribunal against an interim order. we, therefore, dismiss the appeal as not maintainable. the stay application is also accordingly dismissed.
Judgment:

Jyoti Balasundaram

None appears for the appellants despite notice. Hence we heard ld. JCDR and perused the records. We find that the present appeal is not maintainable for the reason that it has been filed against Stay Order No. /2008 dated. 10.08.assed by the Commissioner (Appeals) directing predeposit of the entire amount of differential anti-dumping duty of Rs.3,65,800/-.No appeal lies before the Tribunal against an interim order. We, therefore, dismiss the appeal as not maintainable. The stay application is also accordingly dismissed.