2003 (9) TMI 166

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..... o.  C-II/11/91/WZB, dated 22-5-2003 should be stayed. (2)         Rectification of the dates for which interest has been allowed. 2. We have heard the learned J.D.R. and perused the case records. We find that in the aforecited order dated 22-5-2003, the Tribunal has held that this was a case where inherent power of the Tribunal can be exercised and thereafter has allowed payment of interest to the respondents from 27-4-2001 till 5-3-2003. We also find that a Reference Application has been filed by the Department before the Hon'ble High Court of Bombay on 22-7-2003 against the aforecited order of the Tribunal seeking determination on the following points :- "(a)     &nb .....

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..... Shipping (India) Pvt. Ltd. - 1993 (68) E.L.T. 739 (Ori.) where it was held that CEGAT has no inherent powers as CEGAT is a creature of statute and it can exercise such powers only which have been conferred by the statute. (f)          Whether on the facts and in the circumstances of the case the Tribunal was right in not appreciating the ratio of Bombay High Court judgment in Suvidhe Ltd. v. Union of India, 1996 (82) E.L.T. 177 (Bom.) where it was held that deposit is not a payment of duty but only a pre-deposit for availing the right of appeal. (g)         Whether on the facts and in the circumstances of the case the Tribunal was right in not appreciatin .....

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..... the Apex Court has held as follows :- "Therefore, in our opinion it cannot be said that the High Court has inherent power or incidental power in the matter of a reference pending before it to grant stay of realization or to grant injunction. That must remain within the jurisdiction of the appellate authority and pendency of a reference does not detract from that jurisdiction of the appellate authority." 4. In view of the ruling of the Apex Court as above and considering the fact that the incidental power to grant stay of an order of the Tribunal against which Reference Application has been filed before the High Court remains with the Tribunal, we are of the opinion that this is a fit case for exercising such incidental power and according .....

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