TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Importance of Timely Compliance with Tribunal Orders for Effective Implementation</h1> <h3>M/s. Gulab Impex Enterprises Limited Versus Commissioner of Customs Air Cargo Export, New Delhi</h3> M/s. Gulab Impex Enterprises Limited Versus Commissioner of Customs Air Cargo Export, New Delhi - TMI Issues:1. Compliance with Tribunal's order for amendment in shipping bills.2. Failure of respondent to implement Tribunal's direction.3. Filing of appeals by the Department in the High Court.4. Defective appeal filed in the High Court.5. Delay in implementing Tribunal's order.6. Applicability of Circulars issued by the Board on order implementation.Comprehensive Analysis:Issue 1: Compliance with Tribunal's order for amendment in shipping billsThe appeal was allowed by a detailed order directing the appellant to be permitted to carry out the amendment in the shipping bills. The Tribunal found that the amendment sought by the appellant was liable to be allowed under section 149 of the Customs Act and a specific notification. However, despite the order, the appellant faced non-compliance by the respondent, leading to subsequent legal actions.Issue 2: Failure of respondent to implement Tribunal's directionThe appellant filed an application seeking directions from the Tribunal for the respondent to implement the order. The appellant highlighted the prolonged deprivation of exemption claim despite the Tribunal's final order. Citing a judgment emphasizing the binding nature of Tribunal decisions, the appellant argued for appropriate directions to be issued due to financial prejudice caused by non-implementation.Issue 3: Filing of appeals by the Department in the High CourtThe Department filed appeals, including one against the Tribunal's order, in the Delhi High Court. The delay in resolving these appeals was noted, with the appellant pointing out that only a defective appeal had been filed without attempts to rectify the issues hindering the listing of appeals before the High Court.Issue 4: Defective appeal filed in the High CourtIt was observed that the Department had filed a defective appeal in the High Court, and no efforts had been made to rectify the deficiencies. The non-rectification of defects in the appeal raised concerns about the Department's compliance with the Tribunal's direction despite the lapse of significant time since the original order.Issue 5: Delay in implementing Tribunal's orderDespite the passage of eighteen months since the Tribunal's order, the implementation had not taken place. The appellant's counsel highlighted the non-removal of defects and emphasized the necessity for compliance with Tribunal orders. The Tribunal expressed dissatisfaction with the delay and emphasized the importance of timely implementation of judicial directives.Issue 6: Applicability of Circulars issued by the Board on order implementationThe appellant referred to Circulars issued by the Board emphasizing the implementation of High Court/Tribunal orders unless a stay was obtained. The Tribunal, considering the circumstances, granted a final opportunity for the Department to either implement the order or pursue the writ petition filed in the High Court within a specified timeframe.In conclusion, the judgment underscores the significance of timely compliance with Tribunal orders, the binding nature of Tribunal decisions, and the necessity for effective implementation to uphold the rule of law and prevent undue financial prejudice to parties involved.
TaxTMI 