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Mohammad Bin Khamis Bin Hilal Majali Versus Commissioner of Customs (Preventive) , Mumbai

Exercise of Tribunal's power granted under provisions of Rule 4 and 41 of CESTAT (Procedure)Rules - Seeking provisional release of vessel - Extended on execution of bond and bank guarantee - Held that:- applicant has not made out any case for exercis .....

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aid by the applicant in lieu of confiscation as the applicant is still using the vessel and in possession of the said vessel. Therefore, this is not a fit case for us to exercise the powers granted to us under the provisions of Rule 4 and 41 ibid. - .....

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Commissioner (AR) ORDER Per M V Ravindran This application is filed by the applicant for seeking indulgence Tribunal for stay of encashment of bank guarantee No. 050PG014 dated 07/10/2015 which was executed and is in force as of today. 2. Learned co .....

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tee. Subsequent to the investigation, show cause notice was issued which was adjudicated by the Commissioner of Customs (Preventive), Mumbai. The adjudicating authority vide Order-in-Original No. CCP/ADH/PD/01/2011 dated 14/03/2011 imposed a penalty .....

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sit of 20% of the penalty which was complied with. It is his submission that the applicant has been renewing the bank guarantee executed by them and presently valid till 06/10/2016. He would submit that the reason for moving this application urgently .....

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licant had not received any copy of the letter from the department. He would submit that since the appeal of the appellant is still pending and the imposition of penalty is still disputed, the redemption fine being duly secured by way of bond and ban .....

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from encashment of the bank guarantee issued by the applicant when he sought provisional release of the vessel, for more than one reason. Firstly, we find that the applicant had sought provisional release of the vessel, which was extended to him on e .....

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