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2016 (9) TMI 1090 - DELHI HIGH COURT

2016 (9) TMI 1090 - DELHI HIGH COURT - 2017 (346) E.L.T. 175 (Del.) - Condition for provisional release of goods - quasi-judicial order - maintainability - demand of differential duty - execution of bank guarantee of 30% of the differential duty - Held that: - the condition for release is modified to the extent that instead of the entire differential duty the appellant be directed to deposit ₹ 15 lakhs. The other conditions would, however, remain undisturbed. The adjudicating officer shoul .....

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ter referred to as CESTAT ), which rejected its appeal as being not maintainable. The CESTAT was of the opinion that the letter/communication imposing condition for provisional clearance of the case did not amount to a quasi-judicial order. At the outset, this court notices that the CESTAT appears to have completely overlooked that the order of provisional release was appealed against and the Commissioner rejected it on 09.10.2015. In these circumstances, the opinion of the CESTAT is completely .....

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