9911796707
TMI Blog1997 (5) TMI 208X X X X Extracts X X X X X X X X Extracts X X X X ..... .P. Gulati, Vice President]. The stay petitions have been filed by the Revenue for staying the order of the Collector of Central Excise (Appeals) under which he has reduced the redemption fine and the amount of penalty which have been levied in terms of the impugned orders before him. In the stay petitions the Revenue has urged that the learned Collector (Appeals) should not have reduced the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gencies similar application is under consideration of the Commissioner and similar order is likely to be passed by him. 3. The learned SDR has pleaded that this release has been ordered in terms of the decision in the Conference which was taken on 30th September, 1995 in the Conference held in Calcutta and the substance of which has been communicated from the Office of the Commissioner of Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 70% of the rest of redemption fine (as ordered by Additional Commissioner) on personal bond and Bank Surety/Security. (d) Penalty as ordered by the Commissioner (Appeals). (e) 30% of the rest of the penalty as ordered by the Additional Commissioner with Bank Guarantee. (f) 70% of the rest of the personal penalty as ordered by the Additional Commissioner in personal bond and Bank Surety/Secur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Central Excise cannot in modification of the judicial order passed in terms of the provisions of the Customs Act, interfere with that order himself and impose conditions for release of the goods on his own. The orders statutorily passed once it is impugned before the Tribunal have to be dealt with in terms of the orders that may be passed by the Tribunal in regard to that. This order would be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ined from the Tribunal for setting the term for release of the goods either pending disposal of the stay petition or the appeal itself. This having not been done we observe that the proceedings so far as the stay of the matter is concerned have been rendered by the action of the Department as infractuous. In the circumstances therefore we hold that since the Department on its own has chosen to rel ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
