Tribunals and CommissionsDivision Bench(2014) 03 CESTAT CK 0022

M/s. Texport Fashion vs CC, New Delhi

Customs, Excise And Service Tax Appellate Tribunal · Decided on 27 March 2014

HON’BLE JUDGES
D.N. Panda, J · Manmohan Singh, Technical Member
RESULT
Disposed Of
CASE NUMBER
Custom Stay Application No. 57669 Of 2013 In Customs Appeal No. 57095 Of 2013

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Judgment

8 paragraphs · 158 words
1.

Placing a copy of application filed before DGFT for satisfaction of Revenue ld. Counsel says that his client is expecting to get EODC from that

authority by the end of June 2014. Therefore if four months time is allowed for production of such certificate before ld. adjudicating authority to

consider claim of the appellant, the demand shall not arise. Accordingly appellant is directed to produce the export discharge obligation certificate from

DGFT by 1st July 2014 before ld. Adjudicating Authority for reducing the dispute at grass root level. The stay application is accordingly allowed and

appeal is remanded to the learned Adjudicating Authority for consideration of the certificate of DGFT if that is produced before him.

2.

Since we have remanded the matter summarily on the above averment, the appellant shall have defence both on law and fact before that authority.

Appeal is disposed accordingly in the manner indicated above.

[Dictated & Pronounced in the open Court].