2004 (10) TMI 516 - AT - Customs

Tribunal orders Customs Commissioner to enforce Final Order promptly, without Bank Guarantee, emphasizing compliance and justice

AK HAMSA MOHIDEEN Versus COMMISSIONER OF CUSTOMS, CHENNAI

AK HAMSA MOHIDEEN Versus COMMISSIONER OF CUSTOMS, CHENNAI - 2005 (191) E.L.T. 484 (Tri. - Chennai) Issues involved:Implementation of Final Order No. 523/2004 dated 21-5-2004 by the Commissioner of Customs without any pre-condition.Analysis:The appellant filed a petition for direction to implement the Final Order No. 523/2004 dated 21-5-2004, which set aside the impugned order of the Commissioner of Customs (Appeals) and the attendant Order-in-Original. The appeal was allowed with consequential relief, without any condition. The appellant's advocate submitted that they had requested the release of goods in line with the Tribunal's order, without being required to execute any bonds. The Tribunal noted that there was no direction to execute any bond or submit a Bank Guarantee as a pre-condition for releasing the goods. The Department had not communicated any appeal filing or obtained any stay from a higher court. Given that the impugned orders were set aside and no stay was in place, the Department was directed to release the goods without insisting on a Bank Guarantee within 15 days from the order's receipt. The Tribunal exercised its power under Rule 41 of CESTAT Rules, 1982, to issue this direction.This judgment primarily dealt with the implementation of a Final Order by the Commissioner of Customs without imposing any pre-conditions. The Tribunal clarified that no bond or Bank Guarantee was required for releasing the goods following the order's setting aside of the impugned orders. The Tribunal emphasized that in the absence of any stay from a higher judicial forum, the Department was obligated to release the goods with consequential relief, if any. The Tribunal's direction to the Commissioner of Customs (Sea Port), Chennai, to implement the order without insisting on a Bank Guarantee within 15 days showcased the Tribunal's authority to ensure compliance with its decisions.In conclusion, the Tribunal's decision emphasized the importance of implementing its orders without unnecessary pre-conditions. By directing the Commissioner of Customs to release the goods without requiring a Bank Guarantee, the Tribunal ensured that the appellant received the consequential relief as per the Final Order. This judgment highlighted the Tribunal's power to enforce its decisions and ensure timely compliance by the concerned authorities, thereby upholding the principles of justice and fairness in the legal process.