2003 (9) TMI 166 - AT - Customs

Tribunal stays interest pending High Court ruling on Department's challenge

The Tribunal stayed its order granting interest pending the High Court's decision on the Department's Reference Application challenging the interest ... Stay of Tribunal's order Issues: Stay of Tribunal's order pending Reference Application before High Court, Rectification of dates for interest payment.Analysis:1. Stay of Tribunal's Order:The Tribunal considered the Department's Reference Application before the High Court challenging the Tribunal's order granting interest to the respondents. The Department raised several legal points questioning the Tribunal's authority to award interest in the absence of specific statutory provisions. The Tribunal acknowledged the Department's concerns but relied on precedents to exercise its inherent power to grant interest. However, in light of the Apex Court's ruling emphasizing that the power to grant stay remains with the appellate authority, the Tribunal decided to stay the operation of its order until the High Court's decision on the Reference Application.2. Rectification of Dates for Interest Payment:The Applicant Commissioner requested rectification of dates for interest payment, but the Tribunal deferred consideration of this request until the High Court's decision on the Reference Application. The Tribunal emphasized that any rectification would be contingent upon the High Court's ruling, indicating a cautious approach to addressing this aspect of the application.In conclusion, the Tribunal exercised its incidental power to stay its order pending the High Court's decision on the Reference Application, aligning its decision with the legal principles outlined by the Apex Court. The Tribunal's approach demonstrated a judicious handling of the Department's concerns while ensuring a comprehensive review of the issues raised in the Miscellaneous Application.