TMI Blog2014 (6) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... counted, the said raw materials having been recorded as stock available with the assessee, can be accounted for, subsequently in records and consumption can be watched. We agree with the view of the ld. Commissioner (Appeals) that the order of releasing the goods on executing the bond backed by a bank guarantee shall not come in the way of investigation which is being carried out by the Department and they may do so. - the bank guarantee should be executed for Rs.20 lakhs. - goods to be released provisionally - Decided conditionally in favour of assessee. - Appeal No.E/12000/2014 - Order No. A/11126/2014 - Dated:- 24-6-2014 - Mr. M.V. Ravindran and Mr. H.K. Thakur, JJ. For the Appellant : Shri Prakash Shah, Adv. For the Respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng that the raw materials which were imported (most of them) were under advance licence and the finished goods which were produced are manufactured for export. 4. Revenues case is that the ld. Commissioner (Appeals) has almost decided the appeal in favour of the assessee by passing such a detailed order and that the assessee could not have filed an appeal against the order which has passed provisional release of goods. For the proposition that order of provisional release cannot be appealed against, ld.Departmental Representative relies upon the majority decision of the Tribunal in the case of M/s Akanksha Syntex Pvt.Ltd. Vs CCE Mumbai - 2013 (289) ELT 186 (Tri-Mum). 5. Ld.Counsel, on the other hand, would submit that the very same B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... procured against advance licences, they are secured by way of bond to the Customs authorities. To that extent, Revenues interest seems to be secured. Even if the raw materials which, according to the Revenue, are unaccounted, the said raw materials having been recorded as stock available with the assessee, can be accounted for, subsequently in records and consumption can be watched. We agree with the view of the ld. Commissioner (Appeals) that the order of releasing the goods on executing the bond backed by a bank guarantee shall not come in the way of investigation which is being carried out by the Department and they may do so. 9. In the facts and circumstances of the case, we find that the Commissioner (Appeals)s order of directing ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
