MAGUS METALS (P) LTD. Vs. P.E. PRASAD REGIONAL MANAGER INC.
LAWS(SC)-2016-11-122
SUPREME COURT OF INDIA
Decided on November 25,2016

Magus Metals (P) Ltd. Appellant
VERSUS
P.E. Prasad Regional Manager Inc. Respondents

JUDGEMENT

- (1.) This contempt petition arises out of Civil Appeal No. 5720 of 2008 [2012 (286) E.L.T. 650 (S.C.)]. Certain goods imported by the petitioner were held to be liable for confiscation by the Customs authorities. On appeal, the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) held otherwise. The question in the Civil Appeal No. 5720/2008 is the correctness and legality of the order of the said order.
(2.) During the pendency of the proceedings before the customs authorities and the Tribunal, the imported goods by the petitioner were stored in the warehouse maintained by the Central Warehousing Authority.
(3.) In view of the fact that the petitioner herein succeeded before the Tribunal, the petitioner is entitled to have the goods released. It may be pertinent to mention here that there is no interim order of this Court staying the operation of the Tribunal's decision.;


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