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2018 (9) TMI 268 - AT - CustomsRecovery of Redemption Fine - Prohibition on Revenue from encashing the bank guarantee - appellant deposited the amount of ₹ 7.5% of the duty in terms of section 129 E of Customs Act, 1962 - Held that:- It is apparent that Section 129E does not grant any stay or puts any restrictions on the rights of Revenue to recover any amount. It merely prescribes payments of certain amounts as conditions mandatory for filing appeal in Tribunal. However, it is seen that the Government vide circular no. 984/8/2014/CUS dated 16/09/2018 puts restrictions on themselves and provides certain guidelines for recovery of amounts during the pendency of appeals - A perusal of the circular shows that it has been issued with reference to section 35F of the Central Excise Act, 1944 and section 129E of the Customs Act, 1962. Both the sections prescribed the amount to be deposited with reference to the liability of duty and/or penalty imposed. There is no reference to redemption fine in the said section. There is no reason to interfere in the proceedings by encashment of Bank Guarantee to recover redemption fine, as no stay application has been filed by the applicant in the matter - application dismissed.
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