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2013 (9) TMI 855 - AT - CustomsStay application - Importation of cartridges and subsequent sale to the dealers - Held that - Commissioner (Appeal) order was not executable and stay was not granted. - Decided against Revenue.
Issues:
Stay of Commissioner (Appeal) order requested by Revenue, nature of the issue being recurring, importation of cartridges and subsequent sale to dealers, similar matter heard by Double Bench, uniform decision by Double Bench required. Analysis: The judgment pertains to three appeals filed by the Revenue seeking a stay of the Commissioner (Appeal) order dated 23/01/2013. The primary issue raised by Revenue was the recurring nature of the issue, specifically concerning the importation of cartridges and subsequent sales to dealers. Revenue contended that the import was unauthorized and the subsequent sales were improper. However, the Revenue failed to provide any additional grounds for their appeal apart from the nature of the issue being repetitive. During the proceedings, the respondent's advocate highlighted that a similar matter had been previously adjudicated by the Double Bench in the case of M/s Nanda Shastralaya and others. The Double Bench had issued a stay order, holding that the Commissioner (Appeal) order was not executable. The respondent's advocate argued that the issue in the current appeals was identical to the one decided by the Double Bench. To ensure consistency in decisions, the respondent requested that the current appeals be tagged with the Double Bench file for a uniform decision. The request was accepted, and the registry was directed to present the file before the competent authority for necessary action. In delivering the judgment, it was held that in light of the Double Bench decision on the issue, the Commissioner (Appeal) order was deemed non-executable. Consequently, the stay applications filed by the Revenue were not accepted. The Tribunal disposed of the stay petitions filed by the Revenue based on the above analysis. The order was dictated in the open court, bringing closure to the matter at hand.
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