COMMISSIONER OF CUSTOMS Vs. PRIYA HOLDINGS PVT. LTD.

JUDGEMENT

(1.) The Revenue filed these two applications for staying the operation of the Final Orders passed by the Tribunal on the ground that they have filed Reference Applications in the Hon'ble High Court.

(2.) We find that in the Final Order the classification of certain goods were decided in favour of the Assessee. The Revenue filed reference application in the Hon'ble High Court. The Revenue has relied upon the decision in the case of Commissioner of Income Tax v. Bansi Dhar and Sons, 1986 (24) E.L.T. 193 (S.C.). We find that the Hon'ble Supreme Court pronounced the law in view of the provision of Income Tax where the reference lies to the Tribunal and after considering the question of law the Tribunal referred to the question of law to the Hon'ble High Court. The provision of Central Excise Act has been changed w.e.f. July, 1999 to the effect that no reference application is maintainable before the Tribunal and the Reference Application directly lies to the Hon'ble High Court. In these circumstances we find no merit in the prayer of the Revenue regarding stay of operation of the Final Order. The Applications are dismissed.