2002 (1) TMI 218

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....er No. C-I/4019-24/WZB/2000, dated 9-1-2000, [2001 (127) E.L.T. 543 (T)] the Tribunal per-mitted redemption of gold for re-export on payment of fine of Rs. 10 lakhs which gold was seized from Yakub Yusuf and also reduced the penalty imposed upon him from Rs. 50 lakhs to Rs. 5 lakhs. The jurisdictional Customs Authorities, however, did not implement this order. The appellant then filed Misc. applic....

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.... disposal on 19-10-2001 i.e. within a period of four weeks prescribed by the Hon'ble High Court to obtain an order from the Tribunal. It, however, seems that although this application was filed with the Registry, the factum of filing was not brought to the notice of the Bench by mention. Today, when the application came up for consideration, Shri Kantawalla stated that the Revenue had failed to ob....

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....ars that the authority in law in the Tribunal's order is not forming the part of the questions framed. We also note the consistent view taken by the Tribunal following the law laid down by the Calcutta High Court in the case of Sancheti Food Products Ltd. v. U.O.I. [1993 (67) E.L.T. 248 (Cal.)] that the fact of filing of reference application does not take away the authority of the judgment referr....