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2016 (5) TMI 651 - CESTAT MUMBAI

2016 (5) TMI 651 - CESTAT MUMBAI - TMI - Stay of recovery of redemption fine - Confiscation in lieu of redemption fine - Seizure of imported yacht - Mis-declaration - Held that:- the Tribunal has no power to entertain any stay petition against impugned order. The provisions of Section 129E of the Customs Act, 1962, as applicable in this case specifically say so. In Section 129E ibid, there is no provision for filing any application for stay of the impugned order or for waiver of pre-deposit of a .....

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n respect of the redemption fine imposed. By invoking inherent powers of the Tribunal orders were passed for staying operation in respect of redemption fine. As there are no provisions, we do not find any merits in the miscellaneous application. - Decided against the applicant - Application No. C/MA(Ors)94791/15 In Appeal No. C/86773/15 - M/87308/16/CB - Dated:- 18-4-2016 - MR. M.V. RAVINDRAN, MEMBER (JUDICIAL) AND MR. C.J. MATHEW, MEMBER (TECHNICAL) For the Petitioner : Shri H.C. Daruwala, Advo .....

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value hence it was seized. A show-cause notice was issued for demand of the customs duty, interest thereof and proposition for confiscation of seized yacht. Appellant contested the show-cause notice on merit; adjudicating authority after following due process of law confirmed the demand of duty with interest, imposed penalties and confiscated the yacht with an option to redeem the same on payment of redemption fine. An appeal is preferred by the applicant which is numbered as C/86773/15-Mum by d .....

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as got inherent powers under Rule 41 of CESTAT Procedure Rules to stay the recovery of the redemption fine in the interest of justice. He would submit these inherent powers were exercised by this Tribunal in the following cases:- (a) M/s. Gammon India Ltd. v. CC 2013 (9) TMI 622 - CESTAT Mumbai. (b) Sterlite Opticals Technologies v. CCE Aurangabad - 2004 (168) ELT 137 (Tri. Mum) (c) Mysore Breweries Ltd. v. Collector of Customs, Madras- 1995 (76) ELT 89 (Tri.) (d) Navrang Dyeing Pvt. Ltd. v. CC, .....

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this case specifically say so. In order to appreciate the correct position of law we reproduce the Section 129E of the Customs Act, 1962. 129E. Deposit of certain percentage of duty demanded or penalty imposed before filing appeal, - The Tribunal or the Commissioner (Appeals), as the case may be, shall not entertain any appeal,- (i) under sub-section (1) of section 128, unless the appellant has deposited seven and a half per cent. of the duty, in case where duty or duty and penalty are in dispu .....

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