2004 (9) TMI 399

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.... Ramakrishnappa, JDR, for the Respondent. [Order per : S.L. Peeran, Member (J) (Oral)]. -  For the purpose of hearing the appeal, the appellant is required to pre-deposit of Rs. 36,04,197/- and penalty of Rs. 80,000/-. The appellant had warehoused the goods. The warehousing period expired on 31-3-99. The appellant had applied for extension of the warehousing period. That was also grante....

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....t by depositing the amount of Rs. 85,000/- which is arrived at by Rs. 5,000/- per bond in respect of 17 bonds covering the impugned show cause notices. It is the submission of learned Counsel that when the department itself has taken a stand to consider their prayer for re-export subject to their depositing Rs. 85,000/- as penalty under Section 117 of the Customs Act, they ought not to proceed for....

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....es even in a case where application for permission to re-export is pending. Learned DR opposed the prayer and submits that once the warehousing period is expired then the department is entitled to recover the amounts. He relied on the Supreme Court judgments referred to in the impugned order. He submits that Revenue's interest is required to be safeguarded. 2. On a careful consideration, w....