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2008 (12) TMI 350 - HC - CustomsMaintainability- A show cause notice was issued upon the appellant/s on the ground that the export obligations have not been fulfilled and gold procured duty free has not been accounted for and accordingly duty was sought to be demanded from MMTC/the importer and penalties were sought to be imposed on MMTC and the appellant. Vide order dated 13th April, 2005, the Commissioner of customs confirmed the demand of duty of Rs. 54,47,775/- from MMTC and imposed penalty of Rs. 75,00,000/- upon them. In addition, he imposed penalty of Rs. 25,00,000/- was imposed upon the appellant company and Rs. 25,00,000/- upon its Director. Appellant refer the case to the Tribunal, direct to make pre-deposit. Held that- in modifying the order of the tribunal to the extent of imposition of pre-deposit to the Company, we direct the Director of appellant Company to make the pre-deposit for a sum of further two lakhs and rest will be secured in any form other than cash or bank guarantee, but to the satisfaction of the tribunal. Compliance of further pre-deposit will be made within a period of three weeks from the date of the order. Subject to the pre-deposit, the appellant will be heard on merit.
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