TMI Blog2014 (1) TMI 225X X X X Extracts X X X X X X X X Extracts X X X X ..... ing. The condition no.3 clearly provided that the bank guarantee shall remain valid upto finalization of the case and should have a self renewal clause. In the circumstances when the notice issued with an extended period of limitation, is not under challenge, and the adjudication is pending, there is no question of release of bank guarantee at this stage - Decided against assessee. - Writ Tax No. - 970 of 2013 - - - Dated:- 2-12-2013 - Hon'ble Sunil Ambwani And Hon'ble Surya Prakash Kesarwani,JJ. For the Petitioner : N. C. Gupta,Pradeep Jain For the Respondent : B. K. Singh Raghuvanshi ORDER 1. We have heard Shri N.C. Gupta, learned counsel for the petitioner. Shri Amit Mahajan appears for the respondents. 2. The petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he seizure memo dt.28.01.11; 3. Submission of adequate bank guarantee to safeguard fine and penalty arising in adjudication proceeding. Bank guarantee should remain valid upto finalization of the case and should have a self renewal clause; 4. Submission of bond for the amount of value of seized goods as indicated above. Bond should remain valid upto finalization of the case and should have a self renewal clause. Yours faithfully Assistant Commissioner of Customs, ICD Loni, Ghaziabad" 4. The petitioner submitted bank guarantee on which goods were released to him. A show cause notice was thereafter issued on 1.10.2012 proposing confiscation of seized goods; imposition of differential duties and penalties. 5. This writ petition h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... luded. He further submits that since in the present case the power of extended period of limitation has been invoked by the competent authority, and that the show cause notice as well as invocation of such power has not been challenged, there is no question of release of bank guarantee, until the pending adjudication is concluded. 8. We have examined the facts of the case, and are of the view that where the goods are provisionally released subject to security, awaiting adjudication the security including the bank guarantee, the security cannot be released, until the adjudication is concluded. Sub-section (2) of Section 110 is not applicable where the provisional release has been made conditionally either in exercise of Section 110 (1A) or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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