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2008 (12) TMI 221 - HIGH COURT OF KERALA AT ERNAKULAMRelease of goods - Pendency of appeal - Held that:- Since the invoice value has not been accepted by the customs authorities and the matter is to be adjudicated upon by the appellate authority under the Act, it may not be justified to keep the vehicles with the dept. itself lying in the open. To protect the interest of the revenue it would only be appropriate that the vehicles are released to the custody of the petitioners on conditions. Also there is no dispute regarding the identity of the importer. There is no case registered against the petitioner for contravention of any penal provision under the Customs Act. The petitioner shall remit the duty payable as per the invoice value, viz; ₹ 14,57,712/- along with 50% of the amount imposed as fine and penalty viz; ₹ 3 Lakhs plus ₹ 1 Lakh within one week from today. The petitioner shall also furnish bank guarantee for an amount of ₹ 22,66,690/- (Twenty two lakhs sixty six thousand six hundred and ninety only).
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