Home Case Index All Cases Customs Customs + HC Customs - 2016 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (7) TMI 862 - HC - CustomsClassification of import of Crestron MTX-3 Panel System - clearance of a remote control for Home Theatre, Home Automation etc. - contravention of prohibition imposed under the Indian Wireless Telegraphy Act, 1933 - confiscated under section 111 (d) of the Customs Act, 1962 - Held that:- Taking into consideration of the fact that the order of the Commissioner (Appeals) was passed on 18.02.2016 and the Appeal has been presented before the CESTAT on 30.05.2016, within the period of limitation and the appeal having been numberred, this Court is of the view that the respondents should be given a reasonable time to move the Petition for Stay before the CESTAT, failing which the goods should be released in terms of the order passed by the Commissioner (Appeals). Accordingly, the respondents are directed to release the goods in question by assessing the Bills of Entries in terms of the order passed by the Commissioner (Appeals) dated 18.02.2016, after a period of thirty days from the date of receipt of a copy of this order. This time is granted to the Department to enable them to move the Petition for Stay before the CESTAT, if so advised in the interregnum. If the respondents are unable to obtain any orders of stay from the CESTAT, they shall, on expiry of the 30th day from the date of receipt of a copy of this order, assess bills of entries in terms of the order passed by the Commissioner (Appeals) and release the goods within a period of two days therefrom.
|