Custom, Excise & Service Tax Tribunal
M/S. Roulands Braking India Pvt. Ltd vs Cc, New Delhi on 9 September, 2013
CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL, WEST BLOCK NO.II, R.K. PURAM, NEW DELHI-110066 COURT NO. II C/Stay/57052/2013 in & Customs appeal No. 56565/2013 [Arising out of Order-in-Original No. RT/ACE/239/2012 dated 29.11.2012 passed by the Commissioner of Customs (Export), New Delhi] Date of Hearing/decision: 09th September, 2013 M/s. Roulands Braking India Pvt. Ltd., Appellant Versus CC, New Delhi Respondent
Present for the Assessee : Shri P. Manish, Advocate
Present for the Revenue : Shri R.K. Mishra, A.R.
Coram: Honble Shri D.N. Panda, Judicial Member
Honble Shri Rakesh KUmar, Technical Member
FINAL ORDER NO. 57590/2013
Per D.N. Panda
Learned Counsel Shri Manish fairly submits that only EOD (Export Obligation Discharge) certificate needs verification which is awaited from DGFT. The controversy being confined to the only issue of verification if the matter goes back to the learned Adjudicating Authority, he shall verify and pass appropriate order.
2. Learned Counsel also says that the above certificate awaited from DGFT is expected by 31st December, 2013.
3. In view of the aforesaid submission and issue being confined to the examination EOD certificate and also delay experienced by the appellant, there shall be waiver of pre-deposit. So also appeal is remanded to the learned Adjudicating Authority to examine EOD certificate, if any, produced by the appellant by 31st March, 2014 and pass appropriate order granting fair opportunity of hearing.
4. In the result, both stay application and appeal are disposed.
5. Registry is directed to send a copy of this order to the DGFT for appreciation of anxiety expressed as above.
(Dictated & pronounced in the Open Court.)
(RAKESH KUMAR) (D.N. PANDA)
TECHNICAL MEMBER JUDICIAL MEMBER
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