TMI Blog1991 (11) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Customs Act, 1962 and the applicants/appellants were given an option to redeem the same on payment of redemption fine of Rs. 1,00,000.00. It was also held that the applicants/appellants will not be eligible to the benefit of Exemption Notification No. 224/85-Cus., dated 9-7-1985. Consequently, the applicants/appellants had to pay the additional duty on the goods. Therefore, the Stay Petition is filed for stay of the operation of the order and allowing the applicants to redeem the goods in question. 2. The learned Additional Collector held that for the reasons mentioned in the order the Stamping Foils imported by the applicants/appellants cannot be used in leather industry and therefore, these cannot be cleared under OGL as claimed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellants are having means to pay the Redemption Fine as well as any duty if demanded and produced the statements of exports for the previous three years. 3. Replying the above-said contentions, the learned S.D.R., Shri M.N. Biswas contended that no penalty is imposed on the applicants/appellants in this case and question of stay does not arise. He also stated that by virtue of the inherent power no such orders can be passed. It was also contended that the Tribunal being the creature of the statute can work within the framework of the statute. He also stated that the case mentioned by the learned Advocate is not applicable to the facts of this case as in that case, the order was passed by the Hon ble High Court in the Writ Jurisdiction and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e imported stamping foils in leather industry but the writ petitioner will have to produce the end-use bonds and other necessary-bonds as to the actual consumption of such stamping foils in the leather industry, to the satisfaction of the Customs authorities and he will also produce certificate of the consumption of the imported stamping foils in the leather industry to be verified by the Central Excise Authority and/or any other authority concerned. In that case also, the petitioner had imported stamping foils in leather industry and the same was confiscated by the authorities. In similar circumstances, the Hon ble High Court had passed the above-said order. 5. The above-said order equally applies to the facts of this case. In additio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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