TMI Blog2015 (4) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... al amount and produce Bank Guarantee for the remaining amount. On such payment and production of Bank Guarantee, the respondents are directed to consider the case of the petitioner for release of the goods. Depending upon the outcome of interim order or final order that may be passed passed by the authority concerned, it is open to the respondents to proceed further in the matter. - Decided condit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le of consignment comprising of 126 MTs covered in 5040 Bags. According to the petitioner, the assessment was carried out by the second respondent without granting an opportunity of hearing and without issuing notice to him. Aggrieved against the said assessment order, the petitioner filed an appeal before the Commissioner of Customs (Appeals).The Commissioner of Customs (Appeals) vide order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order dated 19.1.2015, the Department is going to prefer an appeal and the appeal time is not yet over. According to the learned standing counsel, till the appeal time is over, the goods cannot be cleared. The learned standing counsel further submitted that unless and until, the petitioner pays 50% of the differential amount and produce Bank Guarantee for the remaining amount, the relief sought ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... une of ₹ 65.28 crores during the period from November 2013 to January 2014 will be rendered refundable to them. The Assessing office in his misplaced enthusiasm for maximizing revenue may in fact end up harming the interests of revenue. This is the precise reason as to why Board in its wisdom had issued Circular No.41/98 dated 11.6.1988 wherein it has been clarified that a settled position o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and that the balance amount is only minimal, this Court, directs the petitioner to pay 20% of the differential amount and produce Bank Guarantee for the remaining amount. On such payment and production of Bank Guarantee, the respondents are directed to consider the case of the petitioner for release of the goods. Depending upon the outcome of interim order or final order that may be passed passed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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