2003 (5) TMI 115

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..... on is for implementation of the Tribunal's order passed on 14-3-2001 allowing the assessee's appeal with consequential relief. 2. The application contends that despite numerous reminders, refund of the deposit of Rs. 15 lakhs made by the applicant in pursuance of the Tribunal's stay order, pending appeal, had not been made. Today he tells us that the refund order has been received on 5th March, .....

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..... refund was made by the appellant before the Assistant Commissioner and being rejected on appeal by the Commissioner (Appeals), came before the Tribunal. Before deciding the issue, the Tribunal made a reference to the Larger Bench. In the second case, the deposit ordered to be made by the Tribunal was reduced by the High Court. It will be clear from both these cases, the question of exercise of inh .....

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..... Bharat Heavy Electrical Ltd. v. CCE - 2002 (139) E.L.T. 591, the Tribunal has ordered payment of interest in a case of delay in refunding the amounts deposited pursuant to a stay order of the Tribunal. In this latter type of cases, the question of exercise of inherent jurisdiction of the Tribunal clearly arises. Its failure to implement the orders has cautioned prayer for interest. The case befor .....

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