2005 (10) TMI 461 - AT - Customs

Summary

Issues:
Stay application against Bench Order dated 9-6-2003 pending reference application before Hon'ble Bombay High Court.

The judgment involves a dispute regarding the grant of stay against a Bench Order dated 9-6-2003 until the reference application before the Hon'ble Bombay High Court is decided. The Department argued that the stay application is necessary until the reference application is resolved, citing the Supreme Court's decision in Commissioner of Income Tax v. Bansi Dhar and Sons, which affirmed Tribunals' power to grant stay pending reference. The Department also referred to a previous case where the Tribunal had exercised such power. On the other hand, the Respondent contended that the case did not warrant a stay, highlighting that the impugned amount had been deposited as per the Supreme Court's direction and that they were entitled to a refund post the Tribunal's final order.

After considering the arguments from both sides and reviewing the case records, including orders from the Hon'ble High Court of Bombay and the Hon'ble Supreme Court, the Tribunal concluded that the balance of convenience favored granting an interim stay on the operation of the Bench Order dated 9-6-2003 until the reference application before the Hon'ble Bombay High Court is disposed of. The Tribunal's decision was based on ensuring fairness and maintaining the status quo until the higher court's decision is made. The order for granting interim stay was pronounced in court on 18-10-2005.