2006 (2) TMI 354

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..... t had imported a car, clearance of which was allowed under Bill of Entry dated 21-1-1998 on the basis of the importer's declaration and the documents filed with the Bill of Entry. The Department instituted an investigation into this import and, on the basis of its results, issued a show cause notice to the applicant proposing to confiscate the car under Section 111 of the Customs Act and to impose .....

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..... plicant had obtained release of the car (which had been seized by the investigators of the Department) on production of a bank guarantee for a sum of Rs. 4,92,855/- (being the assessable value of the vehicle) on the strength of an order of the Hon'ble High Court. The Department encashed the bank guarantee on 15-7-2002, i.e., prior to institution of the captioned appeal. This fact, evidenced by the .....

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..... 55 minus Rs. 4,75,000, it is not in dispute that this amount does not represent redemption fine or penalty. In other words, the amount of Rs. 17,855/- is not a part of the subject-matter of the dispute settled in the above final order. I do not think that any authority flows to the Tribunal under Rule 40 or under Rule 41 of the CESTAT (Procedure) Rules, 1982 (invoked by the applicant) to order ref .....

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