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Court: CESTAT Allahabad Date of Order: 2019-03-11

On going through the said applications and after hearing the learned A.R. for the Revenue, I find that the Tribunal vide Final Order No.70886-70887/2017 dated 04.09.2017 disposed of two appeals filed by the assessee granting interest on the refund claims. The appellants in their Miscellaneous Applications has held that as the facts of only one case was discussed, Revenue is not implementing the said order for grant of refund in both the appeals. Accordingly they have sought for clarifications.


Court: CESTAT Bangalore Date of Order: 2019-03-08

In the absence of any logic for calculation of additional duties, there is no justification for sustaining this impugned order. Accordingly, we set aside the impugned order and allow the appeals.


Court: CESTAT New Delhi Date of Order: 2019-03-08

The present appeal is filed against the Order-in-Appeal No CC-A-CUS-D-II-ICD-TKD-IMPORT-2444-2018 dated 25/10/2018 (for short impugned order) passed by the learned Commissioner (Appeal) , New Customs House, New Delhi, vide which he has upheld the order of the provisional release passed by the Joint Commissioner of Customs, (Import, ICD, TKD) dated 20/06/2018. Being aggrieved with the impugned order the appellant is before this Tribunal in this appeal.


Court: CESTAT Kolkata Date of Order: 2019-03-07

In view of the above discussions and reasons explained in thepresent Misc.Application, the order dismissing the Appeal, is recalled and the appeal is restored to its original number. Appeal to be listed for hearing in due course. Miscellaneous Application (ROA) is allowed.


Court: CESTAT New Delhi Date of Order: 2019-03-07

It has also been submitted that the said packing machine is still lying sealed in a sealed room, the key of which is with the Central ExciseOfficers. The Tribunal has erred in not getting the factual position verified by a court Commissioner appointed by it.


Court: CESTAT Kolkata Date of Order: 2019-03-06

Along with the present appeal, the appellant has also filed stay petition requesting for waiver of pre-deposit of duty as required to be deposited in terms of Section 35F of the Central Excise Act, 1944


Court: CESTAT New Delhi Date of Order: 2019-03-05

Considering the above fact that it is apparent that this Tribunal committed error in dismissing appeal under Litigation Policy, inadvertently and the mistake needs to be rectified and hence we recall the order for a fresh hearing. The appeal restored to its original number. Hearing is fixed on 24 April, 2019.


Court: CESTAT New Delhi Date of Order: 2019-03-01

Accordingly, we recall our Final Order dated 10th August, 2018 and restore the appeal to its original number. Final hearing is fixed on 22nd April, 2019. Issue notice to the respondent-assessee both by speed post and by fax/email.


Court: CESTAT Mumbai Date of Order: 2019-03-01

Learned AR objected the petition on the g round that the COD application s do not reflect the number of days required to be condoned for admission of appeal and there is a reference in the COD application that the concerned person had forgotten to follow up the case with the advocate that occasion ed the delay and he leave it to the discretion of the court for acceptance of appeal which is filed at a belated stage and the penalty amount is below Rs. 2 lakhs which provides a right to appeal to the aggrieved party. Printed by BoltPDF (c) NCH Software. Free for non-commercial use only.


Court: CESTAT New Delhi Date of Order: 2019-02-28

In view of the facts stated above, there appears to be reasonable cause for delay. Accordingly, the delay is condoned in filing the appeal. The hearing in the matter is fixed on 29 April, 2019. A copy of this order be served through the office of Commissioner.