Gujarat High Court Case Information System
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OJCA/514/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No.514 of 2009
In
TAX
APPEAL No.2510 of 2009
===================================================
COMMISSIONER
OF CENTRAL EXCISE & CUSTOMS-Applicant(s)
Versus
M/S.
CAPIQ ENGINEERING PVT. LTD. - Respondent(s)
===================================================
Appearance
:
MR YN RAVANI for Applicant(s) :
1,
MR SP MAJMUDAR for Respondent(s) :
1,
===================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 25/03/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.A.MEHTA)
This
application has been preferred by the applicant, original appellant
of Tax Appeal No.2510 of 2009 seeking stay against execution,
implementation and operation of order dated 22.05.2009 bearing
No.A/1117-1121/WZB/AHD/2209 made by Customs, Excise and Service Tax
Appellate Tribunal, West Zonal Bench at Ahmedabad.
Heard
learned counsel appearing for the applicant. Merely because the tax
appeal stands admitted does not mean that the order made by the
Tribunal should not be executed, implemented or permitted to operate.
It may be that the impugned order of Tribunal may be cited as a
precedent in some other case but that by itself would not be reason
to stay the order impugned in the appeal.
Civil
Application is accordingly rejected. Rule discharged.
Sd/-
[D. A.
MEHTA, J]
Sd/-
[
H.N.DEVANI, J]
***
Bhavesh*
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