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2014 (4) TMI 515

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....wanshi, Amit Mahajan ORDER In the present appeal, the appellant has challenged the order dated 8.4.2013 passed on the application under Section 129-A (4) of the Customs Act by which the Tribunal has waived the deposit of penalty amount and has directed to deposit a sum of Rs.12 crore in 8 weeks. Over and above, bank guarantee of Rs.70 lac was directed to be appropriated by adjudication. This Cou....

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....vable property worth more than Rs.9 crores have been furnished. The security has been accepted by the Assistant Commissioner, Customs and Central Excise (ICD), In-charge Bhadohi. Learned counsel for the appellant submitted that the basis for demand for the periods of 2004-05 to 2008-09 is wholly unjustified. The objection has been raised in respect of three consignments dated 7.6.2008. The allega....

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....sidered rival submissions and perused the record. We are of the view that it is a matter of adjudication that whether the allegation made by the Department in respect of three consignments is correct or not and whether on the basis of such allegation in respect of three transactions the duty can be demanded for the past periods. Having regard to the facts and circumstances, we are of the view th....