TMI Blog2014 (8) TMI 77X X X X Extracts X X X X X X X X Extracts X X X X ..... nd waiving the requirement of pre-deposit of penalties, there is no question of recovery of any amount under the Head of penalties or duties from the appellants. Only the amount that the department is entitled to recover would be the redemption fine which is covered by the bank guarantee. The bank guarantee is executed only to safeguard the quantum of redemption fine and once the duties and penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercising of powers of the Tribunal under Rule 41 of Customs, Excise and Service Tax Appellate Tribunal Procedure Rules. 2. The appellant had imported Rough Dolemite Stone Blocks. The department was of the view that the appellant had not imported rough dolemite stone blocks but imported rough marble blocks and accordingly proceedings were initiated for mis-declaration of the description as we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rantee, the request has been rejected by the Commissioner of Customs vide letter dated 29-3-2010, hence the appellant filed this miscellaneous application. 3. Once this Tribunal has passed an order granting stay against recovery of penalties and waiving the requirement of pre-deposit of penalties, there is no question of recovery of any amount under the Head of penalties or duties from the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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