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2016 (9) TMI 75 - AT - CustomsImposition of redemption fine confiscation - Sec 125 of the Customs Act 1962 imported goods not available for confiscation bond / bank guarantee Held that: - in the case of Weston components Ltd. Vs. CC, New Delhi 2000 (1) TMI 45 - SUPREME COURT OF INDIA, it was held that, for ordering confiscation / redemption either the goods should be physically available for confiscation or an instrument in the form of bond / bank guarantee should exist when the goods were released to the Respondent. Here it was argued that a bond / Bank guarantee has been executed by the appellant. Adjournment was given to the AR to produce such Bond / Bank guarantee executed by the Respondent. No such Bond / Bank guarantee executed by the appellant is brought on record till date. The matter is remanded to the Adjudicating authority for the limited purpose of deciding the matter afresh in the light of Bond / Bank Guarantee if any executed at the time of release of the imported goods. If there is no Bond and or Bank Guarantee given by the Respondent at the time of release of goods then no redemption fine can be imposed matter remanded appeal allowed.
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