2003 (9) TMI 605 - AT - Customs

Summary

Issues:
1. Stay of operation of Tribunal's Order
2. Filing of Reference Application in High Court
3. Justification for staying Tribunal's Order

Issue 1: Stay of operation of Tribunal's Order
The Revenue filed a Miscellaneous Application seeking a stay on the operation of the Tribunal's Order dated 21-11-2001. However, the Tribunal noted that despite a subsequent Order directing the Revenue to implement the original Order by 8-8-2003, the Commissioner moved a Reference Application before the High Court of Kolkata instead of complying. The Tribunal emphasized that the mere filing of a Reference Application cannot justify staying the Tribunal's Order, which had been pending implementation for a significant period. Consequently, the Tribunal rejected the Revenue's prayer for a stay and directed the Commissioner to implement the Order within one month from the date of the judgment.

Issue 2: Filing of Reference Application in High Court
The respondents informed the Tribunal that the Reference Application filed by the Revenue before the High Court of Kolkata had been dismissed for default. Subsequently, the Revenue filed an application for restoration of the Reference Application. The Tribunal considered this information but highlighted that the filing of a Reference Application alone does not provide grounds for staying the operation of the Tribunal's Order. The Tribunal's focus was on the lack of implementation of the original Order despite multiple directives.

Issue 3: Justification for staying Tribunal's Order
The Tribunal found no justification for the Revenue's request to stay the operation of the Tribunal's Order. Despite two Orders by the Tribunal and a clear directive for implementation, the Commissioner had not complied. The Tribunal explicitly rejected the Revenue's Miscellaneous Application and directed the Commissioner to report compliance within a month. Additionally, the Tribunal warned that failure to implement the Order would lead to Contempt Proceedings against the Commissioner being referred to the High Court. The Tribunal emphasized the importance of compliance with its Orders and the consequences of non-compliance.

This detailed analysis of the judgment from the Appellate Tribunal CESTAT, Kolkata highlights the issues surrounding the stay of operation of the Tribunal's Order, the filing of a Reference Application in the High Court, and the lack of justification for delaying the implementation of the Tribunal's directives.