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M/s Avesthagen Ltd. Versus The Commissioner of Central Excise Bangalore Versus , The Assistant Commissioner (Technical) , The Assistant Commissioner of Central Excise

2016 (4) TMI 973 - KARNATAKA HIGH COURT

Seeking permission to sell the non-bonded duty paid goods - to make deposit which is a pre-requisite of filing the appeal - Held that:- if the petitioner is 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 mad .....

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al. - Petition disposed of - Writ Petition No.46738 of 2015 (T-Res) - Dated:- 11-3-2016 - Anand Byrareddy, J. For the Appellant : Shri N. Anand , Adv. For the Respondent : Shri N.R.Bhaskar , Adv. ORDER Heard the learned counsel for the petitioner and the learned counsel for the respondent. 2. The petitioner is said to be a public 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 ind .....

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bonded goods', were also used for their operations within the premises stated above. It is stated that these non-bonded duty paid goods are the absolute property of the petitioner and are not subject matter of any statutory or other restriction. The petitioner having been served with an adjudication order passed by the respondent herein, wherein the duty free goods imported by the petitioner were confiscated under the provisions of the Customs Act, 1962 and also duty foregone on them, that i .....

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tioner and which are lying in the custom bonded warehouse, in order to raise the funds, not only to make deposit which is a pre-requisite of filing the appeal, but also it would enable the petitioner to save those goods which would otherwise deteriorate and would be wasted. Therefore, the petitioner had made such a request seeking permission to sell the same in the market. However, the respondents have rejected such a prayer and that the adjudication levies unless paid in full, the petitioner wo .....

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