TMI Blog1998 (12) TMI 210X X X X Extracts X X X X X X X X Extracts X X X X ..... H.K. Saran, SDR, for the Respondents. [Order per : J.H. Joglekar, Member (T)]. This application for stay of the operation of the impugned order of the Commissioner of Customs dated 20-11-1998 was taken up at short notice, in pursuance of the directions made by the Delhi High Court in disposing of C.W.P. No. 6097/98, dated 1-12-1998. 2. Vide the impugned order, the Commissioner suspend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is action was taken two months after the alleged over-valuation could not be termed to be immediate action. He further submitted that the order in listing the circumstances leading thereto does not establish connivance on part of the CHA with the exporter. Shri S.K. Saran submitted that an application for stay was provided under the Customs Act only in terms of Section 129E. This section speaks ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es the Tribunal with vide powers including passing of such orders on the appeal received as it thinks fit. Such powers would include the power to stay operation of an order adverse to the legal interest of the appellant. We are, therefore, not persuaded by the argument of the learned Departmental Representative that the Tribunal cannot deal with an application as it is before us. 6. In the CEGAT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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