2014 (4) TMI 1065

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.... ORDER Tax Appeals have already been admitted. The department has preferred these civil applications seeking stay of the implementation, the execution of the common judgement which is challenged in these appeals. 2. Briefly stated the facts are that the vessels and barges allegedly used for smuggling activities were confiscated by the Commissioner by passing the order-in-original. Pe....

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.... 452241333 31300000     3.    The Commissioner while ordering confiscation of the said vessels provided for redemption fines as under : Sl. Vessel Value (Rs.) Redemption Fine (Rs.) 1 Barge DLB-600 20,58,64,038 2,00,00,000 2 Tug Gal Rossa Sea 5,25,00,000 50,00,000 3 Tug UCO-XIV 4,39,00,000 13,00,000 4 Tug Cl....

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....ted, the respondents would be entitled to seek discharge of the bank guarantees or refund of the amount if the bank guarantee is already encashed. Ultimately, if the department's appeals are allowed, it would be difficult to recover the amount without any bank guarantee being available with the department. 7.   Under the circumstances, it is provided that pending these appeals, th....