2011 (10) TMI 541

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... raw materials valued at Rs. 6,81,237/- imported free of duty which they should have utilised the same for manufacture of goods for export, proceedings were initiated which culminated into confirmation of demand of duty on the goods obtained duty free, imposition of penalty on the appellant as well as on the Director. On an appeal filed by the respondent company, learned Commissioner (Appeals) in ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....OUs are covered by the decision of the Hon'ble Supreme Court. It has also been contended that the decision of the Larger Bench of the Tribunal in the case of Shiv Kripa Ispat Pvt. Limited v. CCE, Nasik - 2009 (235) E.L.T. 623 (Tri.-LB) is not applicable since in that case the Tribunal had observed that there was no bond or security in any format available with the department to be enforced. It is ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ve diverted the goods and after diversion, proceedings have been initiated. There is no seizure of the diverted goods and release of the same provisionally on execution of bond. Therefore, the issue is covered by the decision of the Hon'ble Supreme Court and in the absence of release on the basis of execution of a bond, goods could not have been confiscated. The decision of the Larger Bench of the....