2016 (9) TMI 121

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....am, President And Mr. C J Mathew, Member (Technical). Shri D V Anjaneyulu, Advocate for the Appellant. Shri Ajay Saxena, AR for the Respondent. ORDER: Per: C J Mathew 1. These appeals have been filed by M/s Standard Consultants Ltd against the order-in-appeal no. 58 and 59 of 2010 (H-II) dated 27th August 2010 and 7/2013(H-II)-Cus. dated 29th January, 2013 of Commissioner of Customs....

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....tion of the first schedule to the Customs Tariff Act, 1975, i.e with regard to the basic customs duty whether at standard rate as mentioned at column 4 or at preferential rate of duty as mentioned at column 5 of the said Tariff in first schedule to the Customs Tariff Act,1975. Hence, it is clear that the said rules and its para 3 is not applicable to the additional duty of customs and to the said ....

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.... that of the Tribunal. The ostensible ground for doing so is that Revenue has filed an appeal against the said order in the Hon'ble Supreme Court and hence has not attained finality. He has even gone on to the extent of deriding the judicial discipline displayed by his predecessor in conforming to the decision of the Tribunal. 4. In the absence of any stay on its operation, the decision of the ....