TMI Blog2016 (4) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... placed on terms and under the strict supervision of the respondent, if the non-bonded goods which are the absolute property of the petitioner could be ascertained, the petitioner could be permitted to sell the same in favour of purchasers whom the petitioner may identify and if the monies raised are directly provided to the respondent or made to be deposited before the CESTAT to meet the demand o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ublic limited company engaged in the business of scientific research and export of research services and is claiming to be a 100% export oriented Software technology park industrial unit, having the necessary permissions and licences under the Foreign Trade Policy and the Customs Act, 1962, as well as other applicable laws. The petitioner is said to have commenced research activities and had also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and central excise and other levies like fine and penalty came to be demanded by the Respondent No.1 against the petitioner vide adjudication order No.02/14-15 dated 30.03.2015. Aggrieved by this order, the petitioner has preferred a statutory appeal before the Customs, Excise and Sales Tax Appellate Tribunal (CESTAT). However, the petitioner admits that it is facing a severe financial crunch and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e this Court. In that, the petitioner is unable to make the preconditional deposit before the CESTAT in seeking appropriate reliefs and the respondent having remained firm in its decision that the non-bonded goods even if they are so, would not be allowed to be removed unless the petitioner made the entire demand, the petitioner is before this Court. 3. As rightly contended by the learned co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount under protest shall be appropriated by the respondent, subject to the result of the appeal. The CESTAT shall thereafter address the interim application or even the main appeal itself, with expedition. If the entire process should be completed within a period of three months if not earlier, it would meet the ends of justice. The petition is accordingly disposed of in terms as above. - - Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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