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2015 (12) TMI 929 - HC - CustomsDetention of goods - Provisional release of goods - Held that:- Show cause notice has been issued to the petitioner inter alia requiring the petitioner to show cause as to why the amount of ₹ 35,00,000/- deposited voluntarily during investigation should not be appropriated against the demand raised in the said show casue notice. This means that till there is an adjudication consequent upon the said show cause notice, the said sum of ₹ 35,00,000/- cannot be appropriated against the said demand. In other words, the said sum of ₹ 35,00,000/- is available to the petitioner for adjustment towards the differential duty which has been required to be deposited by virtue of the provisional release order dated 29.04.2015 - sum of ₹ 35,00,000/-, which was voluntarily deposited by the petitioner, ought to be adjusted against the estimated differential duty of ₹ 33,87,526/-, which has been indicated in the provisional release order. The respondents are directed to release the said goods within ten days subject to the other conditions being complied with. - Decided in favour of assessee.
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