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TMI Blog2012 (4) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent is not permitting clearance of the goods, although the petitioner is willing to pay the redemption fine and penalty - The only contention raised by the respondent is that against the appellate order, the respondent has already approached the Tribunal with an appeal and, therefore, the goods cannot be released until the appeal is disposed of - that is no ground to refuse the relief to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he imported goods comprises of hazardous electronic waste. The matter was taken in appeal before the Commissioner of Customs (Appeals). By Ext.P4 order dated 12.10.2011, the Commissioner of Customs (Appeals) allowed the appeal to redeem the goods for home consumption on payment of redemption fine of ₹ 1 lakh and penalty of ₹ 50,000/-. The grievance of the petitioner in this writ petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 14.09.2010." 2. On 5.3.2012, I passed the following interim order; "Although the Standing Counsel received copy of the writ petition on behalf of the respondent, none appears for the respondent when the matter was taken up for admission. Admit. Issue notice to the respondent. There would be an interim order directing the respondent to release the goods under Bill of Entry No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions in detail. 5. It is settled law that filing of an appeal does not operate as a stay. The respondent has not been able to produce before me any stay order staying the appellate order directing release of the goods on payment of redemption fine and penalty. In fact, the fact that the Central Excise and Service Tax Tribunal has already decided similar cases against the Department is also not i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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