HC Ruling Stayed by SC cannot be used as a Precedent to allow Appeal: Calcutta HC sets aside CESTAT’s Order

The Calcutta High Court set aside a CESTAT order that relied on a high court ruling, which had been stayed by the Supreme Court (SC). The court emphasized that a stayed ruling cannot serve as a valid precedent to justify a legal decision. This judgment underscores the importance of adhering to current legal standings and the hierarchy of judicial decisions, ensuring that lower courts and tribunals do not rely on stayed or overturned rulings.