TMI Blog2009 (4) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... el sheet some of the goods were not entered - High Court appears to have decided that aspect finally even though that was not the stage for doing so and that was beyond the scope for adjudication of the writ petition- respondent can get the goods released only on furnishing cash security or bank guarantee for 25% of the value of goods - appeal of revenue is allowed - 2894 of 2009 - - - Dated:- 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Stand of the present respondents was that under the Cenvat Credit Rules, 2004, only the finished goods are excisable and there could be no evasion of duty unless the goods are manufactured and cleared. Condition of executing Bond in form B-11 or giving of cash security for releasing the goods was not justified. Bond B-11 was applicable for release of finished goods only. 4. In the reply f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y." 5. Though the High Court observed that it was not expressing any opinion on the merits yet it went into various aspects and ultimately the direction was given which is impugned in the present appeal. 6. Learned counsel for the appellants submitted that the approach of the High Court is clearly erroneous. 7. Learned counsel for the respondent on the other hand submitted that the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he High Court appears to have decided that aspect finally even though that was not the stage for doing so and that was beyond the scope for adjudication of the writ petition. In the circumstances we direct that the respondent shall be permitted to release goods on furnishing cash security or bank guarantee for 25% of the value of goods. The same shall be done within a period of four weeks. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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