2004 (12) TMI 404 - AT - Central Excise

Summary

Issues:
1. Stay of operation of the Original Order (OIO) sought by the Appellant.
2. Opposition by the learned SDR regarding future clearances.
3. Consideration of previous orders and judgments for granting stay.
4. Direction to lift the order of detention and allow clearance of goods upon giving an undertaking.

Analysis:
1. The Appellant filed a miscellaneous application seeking a stay of the operation of the Original Order (OIO) due to the Department's actions despite a previous Stay order and subsequent Misc. Order. The Appellant requested the Tribunal to grant a stay to enable them to clear goods as per their claim, with an undertaking to pay duty if the appeal goes against them.

2. The learned SDR opposed the Appellant's prayer, arguing that future clearances must align with the Commissioner's directions to safeguard Revenue interests. However, the Tribunal considered the circumstances and previous orders before making a decision.

3. After careful consideration, the Tribunal noted previous partial terms imposed on the Appellant and a stay on recovery. The Chartered Accountant referenced a judgment where a similar stay was granted, leading to a direction for Revenue not to insist on clearing goods as per the impugned order. With the present appeal set for final hearing, the Tribunal directed the lifting of the detention order, allowing the Appellants to clear goods upon undertaking duty payment if the appeal outcome is unfavorable.

4. Consequently, the Tribunal ordered the lifting of the detention order issued by the Department and directed the Appellants to clear goods upon giving an undertaking to pay duty with interest if the appeal is decided against them. The Chartered Accountant requested a copy of the order, which was to be provided by hand. The Tribunal allowed the miscellaneous application, granting the relief sought by the Appellant.