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TMI Blog2016 (5) TMI 651X X X X Extracts X X X X X X X X Extracts X X X X ..... any statutory provision this miscellaneous application cannot be entertained. Secondly, it is found that the provisions of erstwhile Section 129E of Customs Act, 1962 had a proviso for filing an application for waiver of any amount. Exercising these powers, Tribunal used to grant waiver or stay of the impugned order, even in respect of the redemption fine imposed. By invoking inherent powers of the Tribunal orders were passed for staying operation in respect of redemption fine. As there are no provisions, we do not find any merits in the miscellaneous application. - Decided against the applicant - Application No. C/MA(Ors)94791/15 In Appeal No. C/86773/15 - M/87308/16/CB - Dated:- 18-4-2016 - MR. M.V. RAVINDRAN, MEMBER (JUDICIAL) AND ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his submission that such an action will negate the provisions of Section 129E of Customs Act; that the Tribunal has got inherent powers under Rule 41 of CESTAT Procedure Rules to stay the recovery of the redemption fine in the interest of justice. He would submit these inherent powers were exercised by this Tribunal in the following cases:- (a) M/s. Gammon India Ltd. v. CC 2013 (9) TMI 622 - CESTAT Mumbai. (b) Sterlite Opticals Technologies v. CCE Aurangabad - 2004 (168) ELT 137 (Tri. Mum) (c) Mysore Breweries Ltd. v. Collector of Customs, Madras- 1995 (76) ELT 89 (Tri.) (d) Navrang Dyeing Pvt. Ltd. v. CC, Bombay - 1984 (17) ELT. 357 (Tri.) 4. Heard both sides and perused the records. 5. We find that this application is f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 129A, unless the appellant has deposited ten percent. of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of the decision or order appealed against: PROVIDED that the amount required to be deposited under this Section shall not exceed rupees ten crores: PROVIDED FURTHER that the provisions of this section shall not apply to the stay applications and appeals pending before any appellate authority prior to the commencement of the Finance (No.2) Act, 2014. 5.2 It can be seen that there is no provision for filing any application for stay of the impugned order or for waiver of pre-deposit of any amount. If the importer complies with the provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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