2002 (1) TMI 218

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..... Tribunal per-mitted redemption of gold for re-export on payment of fine of Rs. 10 lakhs which gold was seized from Yakub Yusuf and also reduced the penalty imposed upon him from Rs. 50 lakhs to Rs. 5 lakhs. The jurisdictional Customs Authorities, however, did not implement this order. The appellant then filed Misc. application for direction being made for implementation of this order. The Tribunal .....

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..... Hon'ble High Court to obtain an order from the Tribunal. It, however, seems that although this application was filed with the Registry, the factum of filing was not brought to the notice of the Bench by mention. Today, when the application came up for consideration, Shri Kantawalla stated that the Revenue had failed to obtain order of stay of operation of the Misc. order within the period prescrib .....

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..... f the questions framed. We also note the consistent view taken by the Tribunal following the law laid down by the Calcutta High Court in the case of Sancheti Food Products Ltd. v. U.O.I. [1993 (67) E.L.T. 248 (Cal.)] that the fact of filing of reference application does not take away the authority of the judgment referred to the High Court. This view was further confirmed by the Division Bench of .....

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