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2021 (11) TMI 959 - AT - CustomsNon-imposition of redemption fine - redemption fine not imposed on the ground that the goods were not available for confiscation - HELD THAT:- As regards Revenue’s contention that since the appellant had executed Bond under the Advance License Scheme, the goods shall be treated as released under Bond, therefore, the redemption fine could have been imposed, it is found that the Bond was executed exclusively for compliance of the condition of Exemption Notification No. 149/95-Cus. Bond was not executed for provisional release of the goods. It is undisputed fact that the goods were never seized nor released provisionally against execution of specific provisional release Bond. Therefore, it cannot be said that the goods were provisionally released against specific Bond. From the judgment of the Hon'ble Supreme Court in WESTON COMPONENTS LTD. VERSUS COMMISSIONER OF CUSTOMS, NEW DELHI [2000 (1) TMI 45 - SC ORDER], it is clear that the goods were seized and subsequently released provisionally on an application made by the assessee and on execution of bond, therefore, the goods were provisionally released against specific bond for provisional release. However, in the present case, the goods were neither seized nor released provisionally on execution of provisional release bond. Therefore, the fact of the case in Weston Components is entirely different from the fact of the present case. Hence, ratio of Weston Components’ case shall not apply in the present case. There are no merit in the Revenue’s appeal - appeal dismissed.
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