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Balakrishna Reddy Versus The Assistant Commissioner of Customs

2016 (9) TMI 1122 - MADRAS HIGH COURT

Issuance of writ of mandamus to implement the order passed by the appellate authority - the appellate authority dismissed the appeal filed by the Department and allowed the petitioner's appeal and reduced the redemption fine for re-export from ₹ 2,10,000/- to ₹ 1,50,000/- and did not interfere with the personal penalty - order of appellate authority not implemented by the respondents - revision filed against the order - whether on not granting of order by the Revisional Authority wou .....

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y can be granted to the Department to pursue the revisional remedy and if they are unable to obtain any orders, either interim or final, then, they have to comply with the Order-in-Appeal. - Writ petition disposed off - four weeks time granted to the respondent / Department from the date of receipt of the copy of this order, to obtain appropriate interim or final orders from the Revisional Authority, failing which, the orders passed by the Commissioner of Appeals, dated 29.10.2015, shall be .....

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or both sides, the writ petition is taken up for final disposal. 2. The petitioner seeks for the issuance of a writ of mandamus, to implement the order passed by the Appellate Authority in the Order-in-Appeal in C.Cus-I No.669 of 2015 in C4-I/580/O/2015 Air, dated 29.10.2015. The Appellate Authority, while allowing the appeal filed by the petitioner as against the Order-in-Original in O.S.No.230/2015 Air, dated 01.06.2015, heard the appeal filed by the Department as well and dismissed the appeal .....

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et the instructions from the Department. 4. Today, on instructions, the learned Senior Panel Counsel submitted that, a revision has been filed as against the said order before the Joint Commissioner and since the revision is pending, the Department is unable to implement the order passed by the Commissioner (Appeals). 5. Admittedly, there is no interim order granted by the Revisional Authority, as against the order passed by the Commissioner (Appeals). Therefore, the mere pendency of the revisio .....

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