TMI Blog2021 (11) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... 384 - SUPREME COURT] . In so far as aircraft is concerned, it has already been released provisionally to the applicant by the Revenue. In the impugned order it has been confiscated and allowed to be redeemed on payment of redemption fine of ₹ 7 crore. It is further ordered that the bank guarantee may be invoked to recover the redemption fine. Now, the applicant is prepared to redeem the aircraft on the same terms, that is, by invocation of the bank guarantee of ₹ 7 crore or payment of ₹ 7 crore towards redemption fine - the interest of Revenue will be adequately covered if this part of the redemption order is allowed pending the final decision. Once the goods are redeemed, they become the property of the applicant and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to issue show cause notices demanding duty under Section 28 (4) of the Customs Act. In their case, the show cause notice was issued by the Commissioner of Customs (Preventive) who is similarly placed and hence is not competent to issue the show cause notice. Consequently, the impugned order needs to be set aside. The learned Departmental Representative said that he sought instructions from the Commissionerate in the matter and needs time to decide whether any Special Counsel will be appointed in the matter. Learned Counsel for the appellant fairly submits that in such an event the matter can be adjourned. However, he prays that the miscellaneous application filed by them seeking direction to the Deputy Commissioner of Customs (Aircraft G-I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e bank guarantee amounting to ₹ 7 crore may be invoked to recover the redemption fine. Additionally, he also confirmed the differential duty and imposed penalties. The bank guarantee has not been invoked to recover the redemption fine from the appellant so far as the appeal is pending before this Bench. 3. Learned Counsel for the appellant submits that their business was hit due to COVID and the aircraft is not being used at all and now they have found a buyer who is willing to buy it if it is sold before 4 November, 2021 and, therefore, they wish to sell it. He further submits that they have no objection to the Revenue invoking the bank guarantee of ₹ 7 crore towards the redemption fine as imposed in the impugned order. All ..... X X X X Extracts X X X X X X X X Extracts X X X X
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