2016 (12) TMI 1506 - HC - Customs

Implemention of the order passed by the Commissioner of Customs (Appeals-I) - Held that - the Appeal filed by the Department has been dismissed by order dated 30.11.2015. Therefore this Court cannot adjudicate the correctness of the said order in this Writ Petition when the petitioner seeks for implementation of the order passed in Order-in-Appeal dated 14.09.2015. Thus on the peculiar facts and circumstances of the case this Court has no other option except to direct the respondents to comply with the order passed by the Commissioner of Customs (Appeals-I) dated 14.09.2015 - petition allowed - decided in favor of petitioner.

Summary

Issues:
1. Implementation of the order passed by the Commissioner of Customs (Appeals-I) dated 14.09.2015.
2. Dismissal of the Appeal filed by the Revenue before the Commissioner of Customs (Appeals-I) and subsequent filing of Revision Application.
3. Adjudication of the correctness of the order dated 30.11.2015 in the Writ Petition.
4. Compliance with the order passed by the Commissioner of Customs (Appeals-I) dated 14.09.2015.

Issue 1: Implementation of the order passed by the Commissioner of Customs (Appeals-I) dated 14.09.2015.
The petitioner sought direction for the respondents to implement the order passed by the Commissioner of Customs (Appeals-I) dated 14.09.2015, which modified the order of adjudication by reducing the redemption fine for re-export and imposing a personal penalty. The petitioner made a representation for the implementation of this order, emphasizing compliance with the revised terms set by the Commissioner of Customs (Appeals-I).

Issue 2: Dismissal of the Appeal filed by the Revenue before the Commissioner of Customs (Appeals-I) and subsequent filing of Revision Application.
The Revenue filed an Appeal against the order of adjudication passed by the Joint Commissioner of Customs, which was dismissed as infructuous by the Commissioner of Customs (Appeals-I) on 30.11.2015. Following this, the Revenue Department filed a Revision Application before the Central Government of India under Section 129 DD of the Customs Act. Despite the pendency of the Revision Application since 5th May 2016, no orders have been passed to date.

Issue 3: Adjudication of the correctness of the order dated 30.11.2015 in the Writ Petition.
The Court acknowledged that it cannot adjudicate the correctness of the order dated 30.11.2015 in the Writ Petition, as the petitioner specifically sought implementation of the order passed by the Commissioner of Customs (Appeals-I) dated 14.09.2015. The dismissal of the Appeal by the Department on 30.11.2015 was noted, and the Court refrained from delving into the merits of that order in the context of the present Writ Petition.

Issue 4: Compliance with the order passed by the Commissioner of Customs (Appeals-I) dated 14.09.2015.
In light of the circumstances and the specific relief sought by the petitioner for the implementation of the order passed by the Commissioner of Customs (Appeals-I) dated 14.09.2015, the Court directed the respondents to comply with this order. The Court emphasized the need to safeguard the interest of the Revenue while ensuring justice, requiring the petitioner to remit the redemption fine and personal penalty for the release of the goods. Additionally, the petitioner was instructed to furnish a bond for the differential value of the goods, allowing the Revenue Department to invoke the bond for recovery if successful in the Revision Application before the Central Government. No costs were awarded, and the Miscellaneous Petition was closed.

This comprehensive analysis of the judgment covers the issues involved, the actions taken by the parties, and the Court's decision and reasoning in each aspect of the case.