2003 (9) TMI 166

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..... 5-2003 should be stayed. (2) Rectification of the dates for which interest has been allowed. 2. We have heard the learned J.D.R. and perused the case records. We find that in the aforecited order dated 22-5-2003, the Tribunal has held that this was a case where inherent power of the Tribunal can be exercised and thereafter has allowed payment of interest to the respondents from 27-4-2001 till 5-3-2003. We also find that a Reference Application has been filed by the Department before the Hon'ble High Court of Bombay on 22-7-2003 against the aforecited order of the Tribunal seeking determination on the following points :- "(a) Whether on the facts and in the circumstances of the case the Tribunal was right in Law in granting interest on th .....

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..... ating the ratio of Bombay High Court judgment in Suvidhe Ltd. v. Union of India, 1996 (82) E.L.T. 177 (Bom.) where it was held that deposit is not a payment of duty but only a pre-deposit for availing the right of appeal. (g) Whether on the facts and in the circumstances of the case the Tribunal was right in not appreciating the ratio of judgment of Bombay High Court in Killick Caribonium v. Union of India, 2002 (143) E.L.T. 491 (Bom) where it was held that deposit under Section 35F of Central Excise Act, 1944 bears character of Security deposit and not duty. (h) Whether on the facts and in the circumstances of the case the Tribunal was right in not appreciating the judgment of Bombay High Court in Nelco Limited v. Union of India, 2002 (1 .....

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..... order of the Tribunal against which Reference Application has been filed before the High Court remains with the Tribunal, we are of the opinion that this is a fit case for exercising such incidental power and accordingly, we stay the operation of the Tribunal's order dated 22-5-2003 till disposal of the Department's Reference Application by the Hon'ble High Court of Bombay. 5. As regards the Applicant Commissioner's prayer for rectification of the dates, the same can only be considered after receiving the decision of the Hon'ble High Court of Bombay on the Reference Application. As such, consideration of the same is kept pending. 6. The Miscellaneous Application is disposed off in the above terms.
Case laws, Decisions, Judgements, Ord .....

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