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TMI Blog2016 (6) TMI 708X X X X Extracts X X X X X X X X Extracts X X X X ..... ideration. The officers, during the pendency of the application seized the D.G.set and issued show cause notice dated 31-01-2000 proposing to confiscate the D.G.set. - Held that:- The Tribunal already set aside the order (which is impugned in the present appeal) and allowed the request of respondents to declare Nadendlavari Kandriga village as a warehousing station with effect from the date of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their captive power plant located at Nadendlavari Kandriga Village, which was not a declared warehousing station. The respondents vide letter dated 05-11-1997 requested the Commissioner, Customs to declare Nadendlavari Kandriga Village also as a customs warehousing station in terms of Section 9 of the Customs Act. 3. The said application was not taken up for consideration. The officers, during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... granted to include the additional location Nadendlavari Kandriga village to the existing EOU of respondents. The Commissioner was of the view that permission granted by Development Commissioner cannot fulfil the requirements for declaring Nadendlavari Kandriga as warehousing station. However, while rejecting the application, the Commissioner observed that the confiscation of DG set, its duty liab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in appellants own case 2007(208) ELT 457(Tri-Bang). He submitted that respondents filed appeal against the Order impugned herein (Order-in-Original No.2/2006-dated 06-01-2006) before the Tribunal, and vide Final Order No.1550/2006 dated 15-09-2006, the coordinate bench of the Tribunal allowed the appeal of the respondents. It was observed therein that in rejecting the application, the Commissi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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