2015 (12) TMI 227 - AT - Customs

Stay application - Payment of 5% EDD - Held that - Considering the plea made by appellant, and also seeing the letter BE No.8455205 dt. 21/07/2015 issued by Asst. Commissioner of Customs (RMS-PCA), Chennai wherein the assessing authority directed the appellant to pay 5% of EDD, we grant ad-interim stay against the payment of 5% of EDD ordered - Stay granted.

Summary

Issues: Ad-interim stay of impugned order, remand by Commissioner (Appeals) directing payment of 5% EDD, legality of such direction, relevance of similar case judgment.

In this judgment by the Appellate Tribunal CESTAT CHENNAI, the appellant filed a MISC Application for ad-interim stay of the impugned order, which was initially defective but later cured by the Registry. The matter pertained to SVB where the original authority accepted the transaction value, but the Revenue appealed against the adjudication order before the Commissioner (Appeals). The Commissioner (Appeals) set aside the order and remanded it to the original authority for reconsideration. However, during the remand, the LAA directed the appellant to pay E.D.D equivalent to 5% of the invoice value until a decision was made by the original authority. The appellant argued that the adjudicating authority should have the discretion to decide the issue without the additional 5% for every Bill of Entry. Citing a similar case judgment, the appellant sought an ad-interim stay until the matter was heard. The Tribunal, considering the appellant's plea and a letter from the assessing authority, granted an ad-interim stay against the payment of 5% of EDD ordered in the impugned Order-in-Appeal. The MISC Application was allowed, and the EH application was disposed of.

The Tribunal's decision highlighted the importance of allowing the adjudicating authority the freedom to decide the issue without mandatory additional payments. The appellant's argument that the Commissioner (Appeals) should not have directed the payment of 5% EDD for every Bill of Entry was accepted, especially in light of a previous judgment that supported this stance. By granting the ad-interim stay against the payment of 5% of EDD, the Tribunal ensured that the appellant was not burdened with unnecessary financial obligations during the reconsideration of the matter by the original authority. This decision emphasized the need for fairness and proper legal interpretation in such cases, safeguarding the appellant's rights and preventing unjust financial impositions during the legal process.

The Tribunal's ruling also indicated a procedural aspect by posting the Stay Application for a hearing on a specific date, ensuring that the matter would be further deliberated upon in the future. This procedural step demonstrated the Tribunal's commitment to a thorough examination of the case and a fair opportunity for all parties involved to present their arguments. By issuing the order 'dasti,' the Tribunal ensured that the parties were duly informed of the upcoming hearing date, maintaining transparency and procedural correctness in the legal proceedings.