TMI Blog2016 (12) TMI 1440X X X X Extracts X X X X X X X X Extracts X X X X ..... fixed for disposal of the Revision Applications filed by the Central Government, the third respondent has to necessarily consider and pass orders on the petitioners' Applications dated 10.03.2016 - there will be a direction to the third respondent to consider the Refund Applications filed by the petitioners dated 10.03.2016, and after affording an opportunity of personal hearing, shall pass orders on merits and in accordance with law - appeal allowed - decided in favor of petitionerx. - W.P.Nos.33437 to 33439 of 2016 - - - Dated:- 22-11-2016 - T. S. Sivagnanam, J. For the Petitioner : Mr. B. Sathish Sundar For the Respondents : Mr.S.Rabu Manohar ORDER Heard Mr.B.Sathish Sundar, learned counsel for the petitioner and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 1,000/- in terms of section-125 of the Customs Act, 1962. (iii) I impose a penalty ₹ 2,00,000/- (Rupees Two Lakhs only) on Smt.Sita Noarazarul Yanie Binti, ₹ 1,50,000/- (Rupees One Lakh Fifty Thousand only) on Smt. Masitah Binti Ahmad Tallhah and ₹ 3,00,000/- (Rupees Three Lakhs only) on Shri Kamaruddin Bin Mohamed Ismail under section 112 of the Customs Act, 1962. 3. The petitioners in order to avail the benefit of re-export, as granted in the above order, have paid the fine and penalty on 29.07.2015, pursuant to which the re-export of the gold bars were allowed. Parallelly, the petitioners have preferred Appeals to the Commissioner of Customs (Appeals), challenging the Order-In-Original dated 30.04.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken up for disposal and it is not clear, within what time, the Revision Petitions would be heard and disposed of. 7. In the counter affidavits filed by the respondents, all the averments pertain to the merits of the matter, which obviously the Department cannot now canvass, in view of the fact that as on date the order passed by the Commissioner of Customs (Appeals) dated 10.10.2011, holds the field. In fact there is no averment as to what is the fate of the Revision Applications and the counter affidavits proceed solely on the basis of the factual positions, which cannot be canvassed in these Writ Petitions. Therefore, the counter affidavits are of little assistance to the Court. 8. Taking into consideration the fact that no time lim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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