LAWS(CE)-2004-11-106

CHOICE APPAREL Vs. COMMISSIONER OF CUSTOMS, BANGALORE

Decided On November 25, 2004
Choice Apparel Appellant
V/S
COMMISSIONER OF CUSTOMS, BANGALORE Respondents

JUDGEMENT

(1.) THE appellants have filed a misc. application stating that the Revenue is proceeding to recover the amounts, pending their ROM application, by coercive steps. They contend that their ROM application was heard for sometime on 25 -10 -2004 and the matter has been adjourned to 23 -3 -2005 to be heard along with similar ROMs. It is stated that they have a very strong case for recall of the order for remand of the case to consider the benefit of Notification No. 49/94. It is stated that the Revenue be directed not to take coercive steps to recover the amounts till the ROM is disposed of in the matter.

(2.) THE learned JCDR opposes the prayer and submits that the Tribunal cannot stay the operation of its own Final Order.

(3.) ON a careful consideration, we notice that the appellants are only seeking a direction to Revenue not to take coercive steps to recover the amount till the ROM is disposed of in the matter. The ROM application has already been listed for hearing on 23 -3 -2005 on which date, it will be disposed of positively. The misc. application is allowed on the above terms. The Counsel seeks copy of the order expeditiously. Registry to issue the order today itself.