Reference application does not stay a final appellate order; consequential refund and discharge of bank guarantee must follow.

A reference application filed by the Revenue did not suspend implementation of the Tribunal's final order because no stay had been granted; mere pendency of the reference was insufficient to block compliance. The Tribunal therefore required immediate effect to its earlier partial allowance of the appeal, including setting aside the confiscation and penalty. Consequential relief already ordered had to be implemented, so the Commissioner was directed to refund the amount deposited towards interest and to return the bank guarantee duly discharged.

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Issues: (i) whether the pendency of a reference application by the Revenue stayed or barred implementation of the Tribunal's final order; (ii) whether directions were required for refund of the amount deposited towards interest and for return of the bank guarantee duly discharged.

Issue (i): Whether the pendency of a reference application by the Revenue stayed or barred implementation of the Tribunal's final order.

Analysis: The Tribunal noted that no stay had been granted against its earlier final order and that the mere filing of a reference application did not operate as a bar to compliance with that order.

Conclusion: The pendency of the reference application did not prevent implementation of the Tribunal's earlier order.

Issue (ii): Whether directions were required for refund of the amount deposited towards interest and for return of the bank guarantee duly discharged.

Analysis: Since the earlier order had allowed the appeal partly and set aside the confiscation and penalty, the Tribunal held that the consequential reliefs directed earlier had to be carried out, including refund of the deposit and return of the bank guarantee.

Conclusion: The Commissioner was directed to refund the amount and return the bank guarantee duly discharged.

Final Conclusion: The application was disposed of by directing immediate compliance with the Tribunal's earlier order and by rejecting the Revenue's attempt to treat the reference application as a stay of that order.

Ratio Decidendi: A reference application by itself does not stay implementation of a final appellate order in the absence of an express stay, and consequential reliefs already granted must be implemented.

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