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2019 (8) TMI 786 - HC - CustomsMaintainability of Settlement Application - requirement of fulfilment of condition precedent that an applicant should pay differential customs duty for said Settlement Commission to entertain the application - Section 127-B of Customs Act - Valuation of imported goods - Import of consignment - Christmas Gift Items - HELD THAT:- This Court notices that there is no disputation that Bank Guarantees have been renewed from time to time and that they are subsisting. This Court also notices that consignment is Christmas Decoration Items even according to Customs Department and therefore, it is not a case of contraband or prohibited item. In other words, this Court is also of the considered view that said consignment is extremely innocuous and there is no issue regarding importability of said consignment - Writ petitioner has also shown his bona fide by not only furnishing Bank Guarantees for a total sum of ₹ 25,50,000/-, but also by renewing the same from time to time. This Court is left with the considered view that this is an appropriate case for directing the second respondent Settlement Commission to entertain the application of writ petitioner being application dated 16.10.2018, after first respondent appropriates the Bank Guarantees for a total sum of ₹ 25,50,000/- - After encashment of Bank Guarantees in the aforementioned manner by first respondent, the second respondent/ Settlement Commission shall take up application of the writ petitioner being application dated 16.10.2018 under Section 127-B of the said Act, seeking waiver of fine, penalty and immunity from prosecution qua said consignment, hear the application of the writ petitioner on its own merits and dispose of the same. Petition disposed off.
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