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Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
The Appellate Tribunal stated that its earlier common final order directing release of the attached properties and refund of the detained amount had already been upheld in challenge, and on that basis the appellants were entitled to possession of the properties. It further held that an order under the PMLA is executable as a civil court decree and may be transmitted under section 35(4) to the civil court having local jurisdiction for execution. As the properties were situated within the jurisdiction of the District and Sessions Court, Raigad-Alibag, the Tribunal directed transmission of the order and original record to that court for execution, while keeping the remaining execution issues pending.
The Appellate Tribunal stated that its earlier common final order directing release of the attached properties and refund of the detained amount had already been upheld in challenge, and on that basis the appellants were entitled to possession of the properties. It further held that an order under the PMLA is executable as a civil court decree and may be transmitted under section 35(4) to the civil court having local jurisdiction for execution. As the properties were situated within the jurisdiction of the District and Sessions Court, Raigad-Alibag, the Tribunal directed transmission of the order and original record to that court for execution, while keeping the remaining execution issues pending.
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