TMI Blog2004 (9) TMI 399X X X X Extracts X X X X X X X X Extracts X X X X ..... t. [Order per : S.L. Peeran, Member (J) (Oral)]. For the purpose of hearing the appeal, the appellant is required to pre-deposit of Rs. 36,04,197/- and penalty of Rs. 80,000/-. The appellant had warehoused the goods. The warehousing period expired on 31-3-99. The appellant had applied for extension of the warehousing period. That was also granted for 4 years. Thereafter there was no exte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which is arrived at by Rs. 5,000/- per bond in respect of 17 bonds covering the impugned show cause notices. It is the submission of learned Counsel that when the department itself has taken a stand to consider their prayer for re-export subject to their depositing Rs. 85,000/- as penalty under Section 117 of the Customs Act, they ought not to proceed for recovery of the duty amount and also shoul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mission to re-export is pending. Learned DR opposed the prayer and submits that once the warehousing period is expired then the department is entitled to recover the amounts. He relied on the Supreme Court judgments referred to in the impugned order. He submits that Revenue s interest is required to be safeguarded. 2. On a careful consideration, we find sufficient force in the submission made by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owed granting wavier of pre-deposit and staying it s recovery. The revenue should not enforce the BG as threatened by them. As the revenue s implication is more, the prayer made by both sides to take up the matter out of turn is considered. Appeal to come up for hearing on 4-1-2005. In the meanwhile DR should obtain para-wise comments in the matter. A copy of the stay order be made available to bo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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