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2016 (10) TMI 863

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..... dents : Mr.T.R.Senthilkumar ORDER Heard Mr.T.Chezhiyan, learned counsel appearing for the petitioner and Mr.T.R.Senthilkumar, learned Senior Panel counsel, appearing for the respondents. 2. In this Writ Petition, the petitioner seeks for implementation of the order passed by the Commissioner of Customs (Appeals-I) in Appeal No.332 of 2015, dated 24.06.2015. 3. The admitted facts are that the p .....

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..... firming the order passed by the Adjudicating Officer, permitting redemption of seized articles for re-export, reduced the redemption fine from Rs. 17,25,000/- to Rs. 7,00,000/- and the penalty from Rs. 3,25,000/- to Rs. 1,50,000/-. The petitioner seeks for implementation of the order, since in spite of several representations, it has not been implemented and more than one year had passed. 5. Whil .....

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..... fiscation, any direction issued by this Court to implement the order in Appeal would cause prejudice to the Revenue. This argument is far fetch since as on date there are three orders which are against the Department, one by the Adjudicating Officer and two orders by the Commissioner of Customs (Appeals) 7. That apart, the Department appears to have not been diligent in following up the matter by .....

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..... sion Petition. Be that as it may, the endeavour of the petitioner is to re-export the seized articles after due compliance of the conditions imposed by the Commissioner of Customs (Appeals). 8. Considering the facts and circumstances of the case and taking note of the fact that the Department has implemented several orders passed by this Court directing the release of gold jewellery and gold, the .....

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