Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2015 (1) TMI 574

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... itioner. Shri Sanjay Jain, ASG with Vikram Jetly, CGSC, Vidur Mohan, Advocate and Satish Kumar, Sr. Standing Counsel, for the Respondent. ORDER The exemption is allowed subject to all just exceptions. WP (C) 5067/2014 2. This writ petition is directed against the order dated 1-7-2014 passed by the Customs and Central Excise Settlement Commission, Principal Bench, New Delhi. The petitione .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... as willing to have the matter settled, it could only do so within the confines of law. The Bench suggested that the applicant may approach the jurisdictional Commissioner for release of the seized amount against any surety and bank guarantee. In case the Revenue accedes to the applicant's request enabling the applicant to pay the admitted duty liability alongwith interest the issue of admissibilit .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ermission is however granted to the applicant to a file fresh application after deposit of his admitted duty liability along with interest as applicable. In view of rejection of the application of the main applicant, the application filed by the co-applicant is not maintainable, hence rejected." 3. It is evident from paragraph 8.2 that the Settlement Commission was open to the idea of accept .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ection 110A of the Customs Act, 1962 read with Section 12 of the Central Excise Act, 1944. On going through Section 110A of the Customs Act it is evident that a provisional release of any goods (which includes currency and cash) may be sought pending the order of the adjudicating authority. 6. We are disposing of this writ petition with the direction that the petitioner may file an applicati .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates