TMI Blog2015 (12) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... found to be exceeding 5833 kcl/kg and the goods merited classification as "bituminous coal" as defined in sub heading note 2 to Chapter 27. Further this Tribunal also took into account the final order of this Tribunal in the case of Coastal Energy Pvt. Ltd., & Others vide order dated 20/06/2014 wherein it was held that the coal imported having volatile matter content exceeding 15% and gross calor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 - - - Dated:- 25-2-2015 - P. R. Chandrasekharan, Member (T) And Ramesh Nair, Member (J),JJ. For the Appellant : Mr T Vishwanathan, Adv. For the Respondent : Mr V K Singh, Spl Counsel ORDER Per: P R Chandrasekharan: 1. The application for modification of stay has been made against order No. S/1193-1194/14/CSTB/C-I dated 20/10/2014 passed by this Tribunal wherein the appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the co-ordinate bench vide order dated 18/11/2014 referred the matter for consideration by the Larger Bench and waived the pre-deposit of duty along with interest and penalty till the disposal of the appeal by the Larger Bench. It is also submitted that subsequent to this, in two other cases, namely, Elite Natural Products, NSL Sugars Ltd. Guntur and JSW Energy Ltd., Circuit Bench at Hyderabad has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ook into account the final order of this Tribunal in the case of Coastal Energy Pvt. Ltd., Others vide order dated 20/06/2014 wherein it was held that the coal imported having volatile matter content exceeding 15% and gross calorific value limit exceeding 5833 cal/kg would merit classification as bituminous coal . Subsequent orders of the Tribunal either by the Madras Bench or by the Circuit Be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dified, it would amount to a review of our order which is not permissible. Accordingly we do not find any merit in the modification application and reject the same. However, the appellants are given four weeks time from today to comply with pre-deposit order, and compliance reported on or before 25/03/2015. The learned Counsel for the appellant is present in the court and has taken note of this di ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
