1997 (5) TMI 208

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....tions the Revenue has urged that the learned Collector (Appeals) should not have reduced the redemption fine to the level of 78% on the value of the goods as against 290% levied in one case and 282% levied in the other case and also the penalty should not have been reduced to the level of Rs. 50,000/- in each case. The prayer of stay has been sought till the final disposal of the appeal. The stay petitions were posted for hearing on 2-5-1997 and were adjourned at the request of the respondents. 2. Today when the stay applications were taken up we are informed that the Department has already released the goods in the case of M/s. Ketan Enterprises collecting redemption fine and the penalty as levied in terms of the impugned order and....

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....sp;Penalty as ordered by the Commissioner (Appeals). (e) 30% of the rest of the penalty as ordered by the Additional Commissioner with Bank Guarantee. (f) 70% of the rest of the personal penalty as ordered by the Additional Commissioner in personal bond and Bank Surety/Security. 4. We observe that the Department had approached for stay of the order of the learned lower authority. At the time when the stay application was filed these instructions were available and despite that the Department felt that the stay of the operation of the order of the Collector (Appeals) was called for in the facts and circumstances of the case and the Tribunal therefore listed the stay petition for hearing when the matter was thus pendin....