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        Case ID :

        2009 (6) TMI 368 - AT - Customs

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        CESTAT Appellate Tribunal hears appeal on 2008 order execution, revenue delay. The Appellate Tribunal CESTAT, New Delhi heard an appeal regarding the implementation of a final order from 2008. The appellant sought direction for ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                CESTAT Appellate Tribunal hears appeal on 2008 order execution, revenue delay.

                                The Appellate Tribunal CESTAT, New Delhi heard an appeal regarding the implementation of a final order from 2008. The appellant sought direction for execution, citing a lack of action by the authorities. The revenue had not obtained a stay order despite challenging the Tribunal's decision in the High Court of Delhi. The appellant argued for the Tribunal's decision to be upheld promptly, emphasizing the revenue's delay tactics. The case was adjourned for both parties to provide additional information, with the revenue instructed to submit an affidavit from the Jurisdictional Commissioner by a specified date.




                                The Appellate Tribunal CESTAT, New Delhi, consisting of Shri D.N. Panda, Member (J) and Rakesh Kumar, Member (T), heard an appeal from an appellant represented by Shri Krishna Kant, Advocate, against the respondent represented by Shri Sansar Chand, DR. The appellant sought proper direction for the implementation of a final order from 2008, which had not been executed by the authorities despite five months having passed. The appellant relied on a judgment from the Apex Court to support their case. The revenue claimed to have challenged the Tribunal's order in the High Court of Delhi, but as of the hearing, there was no stay order. The appellant argued that the Tribunal's decision should stand, and any delay tactics by the revenue were against the law. The appellant's interest in a bank guarantee of Rs. 47,00,000 was at stake. Both parties were directed to provide further information, and the revenue was required to file an affidavit from the Jurisdictional Commissioner by a specified date. The case was adjourned until the affidavit was submitted.
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