2008 (3) TMI 542 - AT - Customs

Tribunal Orders Refund Despite Missing Docs, Directs Prompt Compliance with Final Order

SUDHA SILK HOUSE Versus COMMISSIONER OF CUSTOMS, CHENNAI

The Tribunal directed the Revenue to grant the refund claim pending due to lack of original documents following the implementation of the Final Order. The ... Order of Appellate Tribunal - Implementation of Issues involved: Implementation of Final Order, Consequential relief, Refund claim pending for want of original documents.In the present case, the applicant sought implementation of the Final Order u/s 1460/2005 dated 22-8-2005 passed by the Tribunal, which allowed the assessee's appeal and set aside the Order-in-Original u/s 1614/2002 dated 7-11-2002 imposing redemption fine and penalty. Despite the lapse of more than 2 1/2 years, the Revenue had not granted the consequential relief, leading to the filing of a Miscellaneous Application.Implementation of Final Order:The Tribunal directed the Revenue to file para-wise comments regarding the refund claim pending due to the lack of original documents. The Tribunal, after hearing both sides, disagreed with the Revenue's submissions. It was noted that the impugned Order-in-Original had been set aside, clearly mentioning the amounts imposed. The Tribunal ruled that no further documents were required from the party for granting the refund. The Review Section was instructed to take an indemnity bond from the appellants to secure the payment and to refund the amount within one month from the receipt of the order. The implementation order was to be complied with and reported by 14th April 2008, thereby allowing the Miscellaneous Application.This judgment highlights the importance of promptly implementing final orders and providing consequential relief as directed by the Tribunal, emphasizing the need for compliance with such orders within the specified timelines to ensure justice for the appellants.