2010 (2) TMI 639

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.... for the Appellant. Shri Y.N. Ravani, Standing Counsel, for the Respondent. [Order per : K.A. Puj, J. (Oral)]. - The Applicants/Original Petitioners have filed this application seeking clarification of the order passed by this Court on 13-1-2010 and also for the direction to the Respondent Authorities that the goods are to be provisionally assessed upon furnishing by the concerned Applica....

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....to provide AB2 bond for Rs. 74,28,500/- and bank guarantee of Rs. 74,28,500/- in view of instruction of the Board contained in paragraph 2.2(b) and paragarph 4.1(ii) of Chapter-14 of the CBEC's Central Excise Manual. Demanding bank guarantee for Rs. 74,28,500/- is contrary to the directions issued by this Court. The Court has made it very clear that the Applicants should give a bond along with sec....

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....suffer and it is not possible to recover the duty amount as the Applicant No. 1 does not have any assets of its own. 5.We are not impressed by the submissions made by Mr. Y.N. Ravani. The order dated 13-1-2010 was passed more or less on consensus basis. It was made very clear to provisionally release the goods as well as to make provisional assessment and to pass final assessment within six mon....

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....open for the Excise Department to execute the said bond against Golden Tobacco Ltd. 7. Since, Mr. Y.N. Ravani, the learned Advocate appearing for the opponents has raised the grievance that the Applicants are not releasing the goods which are lying at the branches and because of that the Excise Department is not in a position to deal with the goods by disposing of the goods by way of aucti....