2016 (5) TMI 651

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....hri H.C. Daruwala, Advocate For the Respondent : Shri M.K. Sarangi, Jt. Commr (AR) ORDER PER: M.V. RAVINDRAN This miscellaneous application is filed by the applicant praying for stay of the operation of the impugned order in respect of the redemption fine imposed by the adjudicating authority. 2. Brief facts that arise for consideration is appellant imported a yacht and filed bill o....

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....this application needs to be entertained and the operation of the impugned order as it relates to redemption fine needs to be stayed, as in the absence of any stay, department will take coercive action to recover the same. It is his submission that such an action will negate the provisions of Section 129E of Customs Act; that the Tribunal has got inherent powers under Rule 41 of CESTAT Procedure R....

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....e reason. 5.1 Firstly, we find that the Tribunal has no power to entertain any stay petition against impugned order. The provisions of Section 129E of the Customs Act, 1962, as applicable in this case specifically say so. In order to appreciate the correct position of law we reproduce the Section 129E of the Customs Act, 1962. "129E. Deposit of certain percentage of duty demanded or pe....

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....ecision or order appealed against;  (iii) against the decision or order referred to in clause (b) of sub-section (1) of section 129A, unless the appellant has deposited ten percent. of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of the decision or order appealed against: PROVIDED that the amount ....