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2012 (9) TMI 273 - CESTAT, AHMEDABADBond – alleged that unit had executed a bond while obtaining ware-housing licence and contending that these bonds should have been enforced for confiscation and recovery of redemption fine imposable against these goods – Held that:- Goods can be confiscated only if the same are available for confiscation - goods were never seized neither available for seizure. If the goods are not seized, the question of confiscation of such goods does not arise and consequently there is no question of imposing redemption fine to release these goods Enforcing bond - unit had executed G-17 bond and all liabilities against 100% EOU are being covered by this bond - unit had executed a bond while obtaining warehousing licence and to manufacture for working as EOU – Held that:- No bond was executed for release of the goods confiscated and no redemption fine was imposed on release. Therefore, there is no question of enforcing any bond - The purpose of executing bond under Sections 58 & 65 of Customs Act, 1962 is entirely different. Needless to say that there is distinction between a bond executed for working as EOU and a bond executed for provisional release of seized goods. - Revenue’s appeal is rejected.
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