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TMI Blog2018 (6) TMI 1689X X X X Extracts X X X X X X X X Extracts X X X X ..... m its operation. Further, the Commissioner is also directed to follow the provisions contained in Section 49 of the Customs Act in letter and spirit so as not to impose any conditionality which is unwarranted under the Customs Act. As per the CESTAT procedures and rules, any submission against the Order passed by it is to be laid before the Bench by filing Affidavit/Miscellaneous Application through Registry for its consideration. It is absolutely not permitted by any parties to appeal to directly address any letter to the Member of the Bench. - C/76281/2018 - Misc. Order No. MO/75677/KOL/2018 - Dated:- 15-6-2018 - Shri P.K. Choudhary, Member (J) and Bijay Kumar, Member (T) Shri B.K. Singh and S.M. Akhtar, Advocates, for the Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5-2018 comment from DRI, Kolkata is required as there could be national economic security related considerations in such cases. b) The views of DRI have been received on 13-6-2018. Accordingly, decision has been taken on 14-6-2018 for filing appeal against the subject CESTAT Order. We are in process of filing an application for stay and appeal in Calcutta High Court. 4. Ld. Advocate, appearing on behalf of appellant, submits that the non-compliance of the Order of this Tribunal is designed to delay the release of goods on a provisional basis. In past also, the Hon ble High Court of Kolkata, vide its Order GA No. 3655 of 2017 with APOT No. 218 of 2017, has directed the respondent (in this case Commissioner) to permit the storage of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or by the Bench in response to Order dated 14-6-2018 for the limited purpose to know as to whether the appeal against the Order is being filed by the respondent in Kolkata, High Court, when the matter relates to the valuation of goods among the other issues under the Customs Act. 8. We have heard both the sides carefully and perused the letter filed by the respondent. After going through the various orders and request made by the respondent Commissioner, we adjourn the matter for 15 days from today so as to enable the Revenue to file appeal against the orders of this Tribunal. By that time it is expected that respondent will file the appeal against the Orders dated 15-5-2016 14-6-2018 and obtained a stay from its operation. Further, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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