9911796707
TMI Blog2015 (10) TMI 2627X X X X Extracts X X X X X X X X Extracts X X X X ..... dent: Shri R.K. Mishra, D.R. ORDER Brief facts of the case are that on 20.01.1999, the appellant had filed refund claim for Rs. 16,23,564/- on the ground that finished goods removed to its Madras Depot on payment of duty were found substandard, and as such, the same were returned to the factory and upon re-packing, the same were cleared on payment of Central Excise Duty. Since on the same consig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso filed a stay application before this Tribunal for stay of operation of the final order dated 01.03.2002. This Tribunal vide Misc. Order dated 12.03.2003, had rejected the stay application filed by the Department. Against the rejection of the stay application, the Department filed writ petition before the Hon'ble High Court of Allahabad. In entertaining the Writ Petition, the Hon'ble High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment, since the order dated 20.11.2004 of the Hon'ble High Court of Allahabad has not been complied with by the appellant. In appeal, the Commissioner (Appeals) vide the impugned order has upheld the order dated 29.08.2008 of the Adjudicating Authority. Hence, this appeal is before the Tribunal. 2. Heard both sides and perused the records. 3. I find that the order dated 23.05.2003 of the Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal and to submit the proof of execution of such Bond to the Jurisdictional Dy. Commissioner of Customs and Central Excise, Hapur Division, Hapur. Upon receipt of the intimation from the appellant regarding execution of requisite bond, the Original Authority shall pay the refund amount to the appellant. 6. The appeal is disposed of in above terms. (Pronounced in open Court on 01.10.2015) X X X X Extracts X X X X X X X X Extracts X X X X
|
