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TMI Blog2013 (10) TMI 485X X X X Extracts X X X X X X X X Extracts X X X X ..... i, A.R. ORDER Per Justice G. Raghuram: Amendment of the relief sought in stay application No.ST/4587/2012 is the relief sought. By inadvertence, instead of seeking waiver of pre-deposit, the stay application seeks quashing of the order impugned in appeal .The amendment is sought to modify the stay application for seeking waiver of pre-deposit. In the circumstances, the miscellaneous application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nds (a contention disfavoured by the primary and appellate authorities) that baggage of passengers does not constitute goods, to fall within taxable entry. Alternatively, it was contended the export of baggage was exempted by Notification No.29/2005-ST dated 15.7.2005. The petitioner contends that since under the Customs Act, goods transported outside the territory of India constitute export, bagg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal shall stand dismissed for failure of pre-deposit. Ld. counsel for the petitioner is present in the Court and has noted this order which constitutes sufficient notice to the appellant of its obligations under this order. The stay application is disposed of accordingly. 4. It is also represented that for an earlier period i.e. to 10th September 2004 to 31st March 2007 (current period October 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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