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2014 (1) TMI 1578 - BOMBAY HIGH COURTStay application - Waiver of pre deposit - Stay on imposition of redemption fine - Partial assessment duty paid - Held that:- The stay on redemption fine would normally follow from a stay of the order being challenged before the Tribunal. The jurisdiction of the Tribunal to stay the order being appealed against before it is not under Section 129E of the Act but is in the exercise of its inherent power as an Appellate Authority. This power is to be exercised in exceptional circumstances. In this case, nothing has been brought to our notice to show circumstances which would warrant the Tribunal exercising its inherent power to stay the order dated 30 November 2011 of the Commissioner of Customs or the redemption fine imposed therein - appeal itself would be listed for final hearing in the near future, we are of the view that the interests of justice would require that the respondent-revenue be restrained from adopting any coercive proceedings for recovery of redemption fine of Rs.78 lakhs till the final disposal of the appeal before the Tribunal - Decided in favour of assessee.
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