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2024 (1) TMI 539

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..... case as it is mandatory requirement for the petitioner to pre-deposit requisite amount so as to enable the appellate authority to consider the appeal on merits. It is made clear that the merits of the matter or prima face case of the petitioner in view of the mandatory provision requiring the petitioner to pre-deposit requisite amount as per section 129E of the Customs Act, not considered. The petitioner would be entitled to raise all the contentions raised in this petition before the appropriate authority. Petition dismissed. - HONOURABLE MR. JUSTICE BHARGAV D. KARIA AND HONOURABLE MR. JUSTICE NIRAL R. MEHTA Appearance: For the Petitioner(s) No. 1 : Mr Bomi H Sethna(5864) For the Respondent(s) No. 1,2 : None .....

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..... or redemption fine to enable the petitioner to make the payment of mandatory pre-deposit under section 129-E of the Act; (d) That pending the hearing and final disposal of the present Writ Petition, this Hon ble Court be pleased to issue writ of Mandamus, or a writ in the nature of mandamus, or any other appropriate Writ, Order or directions, directing the Respondents, its officers, servants, agents etc. to keep operation of the Impugned order being Order-in-original bearing No. 32/AKS/ADC/SRT/2022-23 dated 15.12.2022 (Annexure A) in abeyance and not to act or adopt any action against the Petitioner in the course of furtherance of the impugned order. (e) for ad-interim reliefs in terms of the prayers above; (f) for dispens .....

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..... 301.75 carats declared on the Shipping Bills having total value of Rs. 2,04,62,84,341/- as against value of Rs. 2,93,22,613/- declared on the shipping bills. 8. After issuing a show-cause notice and giving opportunity of hearing to the petitioner, the Order-in-Original was passed by the Additional Commissioner of Customs, Surat, dated 15.12.2022 as under: order (i) I order confiscation of the seized Cut and Polished Natural diamonds weighing 57620.01 Carats and Cut and Polished Labgrown diamonds, weighing 469.12 Carats, totally weighing 58089.13 Carats and valued at Rs. 2,04,62,84,341/- (Rupees Two Hundred Four and Forty one only) attempted to be improperly exported by mis-declaring the quantity, description and value by M/s. Univer .....

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..... a)(i) of the Customs Act, 1962. (v) I impose a penalty of Rs. 1,00,00,00,000/- (Rupees One Hundred Crores) upon the Noticee, M/s. Universal Gems, Surat SEZ, Sachin, Surat under Section 114AA of the Customs Act, 1962. 9. The petitioner being aggrieved has preferred Statutory Appeal No. 1669/2023 under section 128 of the Customs Act, 1962 before the Commissioner of Customs (Appeals). 10. The petitioner is also required to make mandatory pre-deposit being 7.5% of the penalties imposed to the tune of Rs. 1,82,00,29,000/- in total, and for admission of the appeal maximum amount of Rs. 10 crores be deposited. 11. As the petitioner has no source of income/ profit and not in financial position to arrange for Rs. 10 crores for the .....

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..... n rank than the Principal Commissioner of Customs or Commissioner of Customs; (ii) against the decision or order referred to in clause (a) of sub-section (1) of section 129A, unless the appellant has deposited seven and a half per cent. of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of the decision or order appealed against; (iii) against the decision or order referred to in clause(b)of sub-section (1) of section 129A, unless the appellant has deposited ten per cent. of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of the decision or order appealed against: PROVIDED t .....

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