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2016 (9) TMI 876 - KERALA HIGH COURT

2016 (9) TMI 876 - KERALA HIGH COURT - TMI - Prayer for release of vehicle - confiscation of vehicle - option to pay redemption fine - demand of differential customs duty - imposition of penalty - Motor Bike Harley Davidson - illegal import - seizure - Held that: - serious prejudice will be caused to respondent if the disposal of appeal is delayed - the Customs, Central Excise and Service Tax Appellate Tribunal, Bangalore Bench shall dispose of the appeal as expeditiously as possible, and at any .....

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d P5 and to release the Motor Bike Harley Davidson bearing registration No. KA-01-EM- 4433 to him. By the judgment under appeal, the learned single Judge disposed of the writ petition directing release of the vehicle to the respondent on his furnishing a bond, pending decision of the Appellate Tribunal. The prayer of the respondent to set aside Exts.P3 and P5 was not considered by the learned single Judge. It is aggrieved by this judgment, this appeal is filed. 3. Admittedly, the respondent has .....

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who by Ext.P5 order rejected the appeal. Further appeal that was filed by the respondent is pending consideration of the Tribunal. It is at that stage the writ petition was filed. 4. Although various contentions are seen to have been pleaded with respect to the jurisdiction of the authorities who have initiated the proceedings, having regard to the pendency of the appeal before the statutory Tribunal, the learned single Judge, according to us, has rightly did not go into those issues. It was, ho .....

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