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2000 (3) TMI 423

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....R, for the Respondents. [Order per : V.K. Asthana, Member (T)]. - By this miscellaneous application under Rule 41 of the CEGAT (Procedure) Rules, the applicants have prayed for issue of suitable directions to the Commissioner of Customs concerned for implementing the Tribunal's Final Order No. 53/99 dated 5-1-1999 [1999 (111) E.L.T. 130 (Tri.)] without any further delay. 2. Heard Shr....

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....s to any other officer to file the reference application and since the said reference application had not been filed by the Commissioner itself, therefore, the same was rejected. Though many months have passed since even the rejection of the said reference filed by revenue and despite repeated requests to the Customs House, his licence has not been renewed in terms of the said final order of the T....

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....tion be, therefore, issued to the learned Commissioner of Customs to atleast issue a temporary licence so that the applicant can re-start his business, otherwise it would lead to grievous injury to him despite the matter having been finally decided in his favour by this Tribunal. 3. Heard learned DR Shri S. Sudarsan, who reiterates the comments of revenue which were filed in court on 31-1-....

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....rder No. 53/99 this Tribunal had directed the Commissioner of Customs to renew the CHA licence of the present applicant w.e.f. 16-1-1997. We also find that vide Reference Order No. 35/99, dated 16-6-1999 [2000 (117) E.L.T. 694 (Tri.)], the revenue's reference application had also been rejected. 5. On a careful consideration, we find that even if the revenue has filed any appeal/petition be....