9911796707
TMI Blog1996 (8) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 18-5-1996 in Order No. 804 of 1996 and pass such further orders. 3.The case of the petitioner is as follows :- The petitioner company is in export-oriented unit engaged in the manufacture of textile cotton yarn for exports. For the expansion of the unit, petitioner-company imported autocones numbering 6 units covered by two bills of entry, viz., Bill of Entry bearing No. 75 dated 8-11-1995 for 4 nos. autocones and Bill of Entry No. 76, dated 8-11-1995 for 2 nos. autocones. The petitioner company had been penalised for the reason that the value declared by the petitioner in respect of goods imported and covered by the above 2 bills of entry was not accepted by the Commissioner of Customs and Central Excise, Trichy and the value was d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y way of proforma invoice for 1986 model machines and also similar machines manufactured in India. In view of the above, taking into consideration the evidence on record we hold that no valid basis has been laid for enhancing the value as done by the learned lower authority and we therefore give the appellants the benefit of doubt and set aside the order of the learned lower authority enhancing the value and also levy of penalty on the appellants and also confiscation of the goods. We therefore allow the appeals of the appellants with consequential relief." 4.The grievance of the petitioner is that in spite of the orders of the Customs, Excise and Gold (Control) Appellate Tribunal, South Zonal Bench at Madras, dated 18-5-1996, the respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onable phrase-and is the subject-matter of an appeal can furnish no ground for not following it unless its operation has been suspended by a competent Court. If this healthy rule is not followed, the result will only be undue harassment to assessees and chaos in administration of tax laws." and submitted that the principles of judicial discipline requires that the subordinate authorities should unreservedly follow the decisions and directions of the Appellate Authority and in this case, the customs, Excise and Gold (control) Appellate Tribunal, South Zonal Bench at Madras should be complied with by subordinate authorities. 6.On the other hand, the learned Additional Central Government standing counsel appearing for the respondents conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the appeal can furnish no grounds for not following it, unless its operation has been suspended by the competent Court. It is the case of the petitioner that the petitioner has filed a caveat before the Supreme Court and so far no notice of stay has been received by the petitioner. In view of the above, the respondents are directed to implement the order of the Customs, Excise, and Gold (Control) Appellate Tribunal, South Zonal Bench, Madras in Appeal NCC/V-129/96/Md C/V-130/96/Md, dated 18-5-1996 in accordance with law, within one week from the date of receipt of the copy of this order. It is open to the respondents to direct the petitioner to execute necessary customs surety or security bond to safeguard the interest of revenue to cov ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
