Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2018 (4) TMI 1150

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ich empowers the Tribunal to execute the Final order passed by it disposing an appeal - When the Act does not provide for execution of Final orders passed by Tribunal, the Rules cannot be stretched to pass directions to implement the order - application dismissed being not maintainable. - E/MISC/41197/2017 in E/40322/2015 - MISC. ORDER No. 40110/2018 - Dated:- 13-2-2018 - Ms. Sulekha Beevi C.S .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d goods will be initiated on the outcome of review. He argued that there is no stay against release of seized goods and the goods ought to have been released pursuant to passing of Final order by Tribunal disposing the appeal. He prayed that direction may be given to implement the Final order passed by Tribunal. 3. Ld. AR, Shri K.P. Muralidharan, AC, opposed the application. He submitted that t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s passed by it. There is no express provision in the statute which empowers the Tribunal to execute the Final order passed by it disposing an appeal. Rule 41 of CESTAT Procedural Rules, lays down that the Tribunal may make such orders or give directions as may be necessary or expedient to give effect or in relation to its' orders or to prevent abuse of its' process or to secure the ends of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates