2017 (2) TMI 751 - AT - Customs

Implementation of this Tribunal s Order dated 6-8-2015 as held in the case of Ratnadip Shipping Pvt. Ltd. Versus Commr. of Customs (General), Mumbai 2016 (3) TMI 217 - CESTAT MUMBAI - against the Tribunal s order, the appeal filed by the Revenue has been dismissed by the Hon ble Mumbai High Court by upholding the Tribunal s order - After Hon ble High Court s order, this Tribunal cannot pass any order for implementation as the Hon ble High Court s order is in force and this Tribunal has no jurisdiction to pass any order after the Hon ble High Court s order - application dismissed.

Summary

Issues: Implementation of Tribunal's order after High Court's dismissal of Revenue's appeal.

In this case, the applicant filed a miscellaneous application seeking implementation of the Tribunal's Order No. A/2384/2015/CB, dated 6-8-2015, after the Revenue's appeal was dismissed by the Hon'ble Mumbai High Court. The applicant's counsel argued for the implementation of the Tribunal's order based on the High Court's dismissal of the Revenue's appeal. On the other hand, the Assistant Commissioner (AR) representing the Revenue contended that since the Revenue's appeal was dismissed, no further order was required from the Tribunal under Rule 41 of CESTAT (Procedure) Rules, 1982.

Upon evaluating the submissions from both parties, the Tribunal noted that the Revenue's appeal against the Tribunal's order dated 6-8-2015 had been dismissed by the Hon'ble Mumbai High Court, thereby upholding the Tribunal's original order. The Tribunal recognized that in such circumstances, the Tribunal's order had merged with the High Court's order in Customs Appeal No. 47/2016. Consequently, the Tribunal concluded that it lacked jurisdiction to pass any order for implementation after the High Court's ruling, as the High Court's order was in force. Therefore, the Tribunal declared the miscellaneous application as infructuous and dismissed it accordingly.