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2016 (12) TMI 701 - AT - CustomsRefund sanctioned to be paid - Rule 41 of CESTAT Procedure Rules - Held that: - Once the Revenue loses its right to retain sums which are not due to it, as per an order of any appellate forum, be it the Commissioner (Appeals), Tribunal or the High Court, it has to become vigilant in either refunding it back to the assessee or obtaining an order from the higher forum for stay of such refund. It goes without saying that the Revenue must weigh the pros and cons of seeking a stay against implementation of the order of the lower appellate authority as there will be interest liabilities that the Revenue will have to discharge ultimately if its challenge before the higher appellate forum does not succeed. Ld. Departmental Representative submits that they be given another chance to move the Hon’ble High Court for expeditious hearing of the stay petition as soon as the Hon’ble High Court reopens after Diwali vacation, though we are not convinced with such an argument in the absence of inactivity from January 2014. However, in the interest of justice, respecting the word of the Id. Departmental Representative, we adjourn these applications to 28.11.2016 to give revenue an opportunity, to either get a stay order from Hon’ble High Court or implement our orders by sanctioning the refund to applicants herein. Ld. Departmental Representative is specifically instructed to apprise the bench about the action - Matters adjourned to 28.11.2016.
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