2016 (9) TMI 75

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e, for the Respondent ORDER Per Shri H. K. Thakur This is an appeal filed by the Revenue against OIO No. Kol/CUS/PORT/16/2007 dt 28/2/2007 passed by CC (Port), Kolkata-01 as Adjudicating authority. 2. Sh. S. K. Naskar AC (AR) appearing on behalf of the Revenue argued that adjudicating authority has not ordered confiscation of the goods under Sec 125 of the Customs Act 1962 on the groun....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 125 Customs Act 1962 makes sense when importer / exporter has something at stake. In the case of imports / export the stake are goods. In the absence of goods theoretically even if redemption fine is imposed then an importer / exporter can take a stand that he is not interested in what has been confiscated. However, if the goods are released subject to an ITC bond and or bank guarantee then these....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pellant on an application made by it and on the appellant executing a bond. Under these circumstances if subsequently it is found that the import was not valid or that there was any other irregularity which would entitle the customs authorities to confiscate the said goods, then the mere fact that the goods were released on the bond being executed, would not take away the power of the customs auth....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n this aspect on 14/8/14 Adjournment was given to the AR to produce such Bond / Bank guarantee executed by the Respondent. No such Bond / Bank guarantee executed by the appellant is brought on record till date. The matter is remanded to the Adjudicating authority for the limited purpose of deciding the matter afresh in the light of Bond / Bank Guarantee if any executed at the time of release of th....