2015 (5) TMI 957

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....: Shri M.S. Reddy, DC (AR) ORDER Per: Shri Anil Choudhary This application under Rule 41 of CESTAT (Procedure) Rules, 1982 arises from Appeal No. C/1203/08-Mum, Final Order No. A/979-980/13/SMB/C-IV dated 18.12.2013. 2. The applicant is seeking the implementation of final order dated 18.12.2013 of this Tribunal against order of the Commissioner of Customs (Export), JNCH being order No.....

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....HA cannot be penalized. So far the redemption fine is concerned, this Tribunal held that since the goods were not available, redemption fine cannot be imposed. Accordingly, the appeal was allowed with consequential relief. The impugned order of the Commissioner of Customs (Export) was set aside. 4. Pursuant to passing of the order by this Tribunal, the applicant approached the concerned Commiss....

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....n of law is involved. Since the matter is subjudice, your request for release of six shipping bills cannot be considered at this stage." 5. The present matter is coming on the Board since 13.2.2015 on which date time was allowed to ascertain status and also to inform about the status of the appeal filed by the Revenue, if any, before the Hon'ble High Court. The matter was again listed on 27....

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....med that the concerned Commissioner was informed by the learned AR previously from time to time. I find from the letter dated 18.3.2015 issued by the concerned Commissioner is vague, as it neither gives the filing no. of the appeal, nor it gives the appeal number, if it is pending before the Hon'ble High Court. 7. Accordingly, I direct the concerned Commissioner of Customs (Export) to imple....