2009 (11) TMI 310 - HC - Customs

Appellate Tribunal s order- contrary order- Held that- the impugned order is contrary order. On one hand stay is granted and on the other hand pre-deposit is ordered. In this view of the matter the impugned order cannot sustain. Hence the same is set aside and the matter is remanded back to the Tribunal. The Tribunal is directed to treat the appeal as expedited one and dispose of the same without being influenced by this order in accordance with law.

Summary

The Bombay High Court set aside an order by the CESTAT, directing the Tribunal to expedite the appeal without being influenced by the High Court's decision. The High Court found the order contradictory as it granted a stay of recovery of fine while also ordering a pre-deposit of Rs. 4,00,000 towards penalty.