2014 (12) TMI 900

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....MOORTHY, V.P. ORDER Per : B.S.V.MURTHY; In the Miscellaneous Application No. C/Misc/20771/2014, the appellant is seeking implementation of the Final Order of this Tribunal No. 20267/2014 dated 24.02.2014. In this order, the Tribunal had taken a view that the appellant is eligible for the benefit of Notification No. 21/02 and the appeal was allowed with consequential relief. It is submitte....

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....rtment could not have addressed the food analyst and food analyst could not have refused to allow the consignment. He requests that a direction be given to the Commissioner of Customs and Assistant Commissioner to implement the order of this Tribunal in terms of Rule 41 of CESTAT Procedural Rules. 2. After Hearing both sides for quite some time, we find that if a Statutory Authority does not im....

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.... is implementing another law with which the tribunal is concerned. Remedy has to be sought under that law. At this stage the Authorized Representative for the appellant submits that the CFL may be impleaded now and order passed. Once the order is passed by this Tribunal, the Tribunal becomes functus-offficio and therefore this submission cannot be accepted. In our opinion, the appellants have fail....