9911796707
TMI Blog2017 (11) TMI 1340X X X X Extracts X X X X X X X X Extracts X X X X ..... In the present case, as on date, admittedly, no stay has been granted, within a reasonable time after the judgment of the Tribunal, therefore, the Department was expected in law to implement the directions, which would result into refund of sum of ₹ 10 lakhs deposited by the petitioners and releasing of Bank Guarantees. Though the petitioners reminded the Department on numerous occasions, this was not done for over three years - Merely because the Customs Act, 1962 does not make any provision for granting interest under such eventuality, would not mean that the Court, in exercise of writ jurisdiction, cannot direct the Department to pay the same. When the facts are gross, to ensure refund of the amount years later without interest wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as on the Director. The petitioners challenged this order of the Commissioner before the Tribunal. In the meantime, the petitioners deposited the sums of ₹ 10 lakhs of redemption fine and provided for Bank Guarantees of ₹ 10 lakhs each to cover penalty component. The Tribunal by a judgment dated 19.02.2013, allowed the appeal and reversed the order of the adjudicating authority. As per this judgment of the Tribunal, there was no confiscation of goods and therefore, no redemption fine. Even penalties stood set aside. 2.2 The petitioners therefore wrote to the Department on 01.04.2013 and requested the Department to release the sum of ₹ 10 lakhs of redemption fine deposited by the petitioners. Since there was no response ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest be paid. 4. Facts are virtually undisputed. The petitioners deposited sum of ₹ 10 lakhs by way of redemption fine pursuant to the order of the adjudicating authority and also offered Bank Guarantees to cover penalties. The Tribunal, having reversed the order of the adjudicating authority by its judgment dated 19.02.2013, the petitioners became entitled to refund of ₹ 10 lakhs and release of Bank Guarantees. As per the settled law, it may be open for the Department to challenge the said judgment before the higher Court, but cannot avoid implementation of the Tribunal s order for an indefinite period without stay being granted by the Higher Court. In the present case, as on date, admittedly, no stay has been granted. Wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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