Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
The High Court held that the adjudication order, as modified by the appellate order, remained binding on departmental officers and could not be disregarded in the absence of any stay from the Tribunal. As the duty, redemption fine and penalties had already been deposited, the Revenue's interest stood secured and there was no legal basis to continue detention of the confiscated goods. The Court therefore directed release of the goods for re-export upon confirmation that the deposited amount had been credited to the Government treasury.
The High Court held that the adjudication order, as modified by the appellate order, remained binding on departmental officers and could not be disregarded in the absence of any stay from the Tribunal. As the duty, redemption fine and penalties had already been deposited, the Revenue's interest stood secured and there was no legal basis to continue detention of the confiscated goods. The Court therefore directed release of the goods for re-export upon confirmation that the deposited amount had been credited to the Government treasury.
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