1992 (1) TMI 252

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..... hough, this day, only the stay application was listed for hearing, after hearing both the sides and with their consent, we have decided to take up the appeal itself for disposal. 2. The above appeal is directed against the Order-in-Original No. KDL/ADDL./COLLR./120/91, dated 30-7-1991 passed by the Additional Collector of Customs, Kandla. 3. The undisputed facts of the case are that the appell .....

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..... l is against the aforesaid order. 3.1 Both the sides did not dispute the above factual position. Shri Sheth, the Ld. Advocate however, pleaded that because of certain difficulties like getting the quota, they could not export the goods within the stipulated period. These goods are very much lying in balance and there is no allegation of substitution or illicit removal. If they are granted time u .....

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..... we would deem it proper to grant the request and extend the time for utilisation of the balance of material and effect export positively before end of June, 1992, failing which the Department would be entitled to initiate the adjudication proceedings in respect of such stock lying unutilised. With this observation, we set aside the order of the Additional Collector and allow the appeal in the abov .....

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