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Issues:
Interpretation of Notification No. 77/90 dated 23-3-1990 for exemption on imported refractory bricks; Jurisdiction of Collector in denying exemption; Consideration of expert technical opinion; Prima facie case for granting stay under Section 129E of the Customs Act; Authority's jurisdiction based on consent; Refund of duty during appeal; Waiver of pre-deposit under Section 129E. Analysis: The case involved a stay application under Section 129E of the Customs Act for the waiver of pre-deposit of duty amounting to Rs. 16,67,936. The dispute arose from the interpretation of Notification No. 77/90 dated 23-3-1990 regarding the classification of refractory bricks imported for an AOD furnace. The applicants claimed the bricks were eligible for exemption under Chapter Heading 69.02 of the Customs Tariff Act, relying on a previous Tribunal decision. The Collector denied the exemption, stating the AOD convertor was not an industrial furnace, leading to the duty dispute. The advocate for the applicants argued that the Collector's decision exceeded jurisdiction as a previous decision by an Additional Collector allowed the exemption. He cited relevant case law to support the argument that the denial of exemption was unjustified. The advocate emphasized the importance of expert technical opinion and criticized the Collector for not considering it adequately, citing precedents where expert opinions were crucial in similar cases. The revenue's representative countered, stating that the Additional Collector's remarks were not a binding decision, and the subsequent adjudication by the Collector was valid. She argued that past practice did not prevent authorities from correcting mistakes, emphasizing the Collector's consideration of expert opinion. The revenue opposed granting a stay, asserting that no prima facie case was established for relief. After considering both arguments, the Tribunal found no strong prima facie case in favor of the applicants for granting the relief sought. The Tribunal clarified that under Section 129E of the Customs Act, the question of waiving pre-deposit did not arise since the duty had already been paid. The Tribunal dismissed the stay application, noting that no extraordinary circumstances warranted granting the relief requested during the appeal process. The Tribunal highlighted that the High Court's direction for expedited disposal of the matter was to be followed, scheduling the appeal for regular hearing. The Tribunal emphasized that the High Court did not direct dispensing with pre-deposit but stated that if such dispensation occurred, the respondents would refund the amount. The Tribunal concluded that the inherent jurisdiction to grant relief during the appeal was not applicable in this case, leading to the dismissal of the stay application.
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