2017 (11) TMI 1788

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...., Member (J) and Madhu Mohan Damodhar, Member (T) Shri Raghavan Ramabadran, Advocate, for the Appellant. Shri M. Chandra Bose, Addl. Commissioner (AR), for the Respondent. ORDER [Order per : M.V. Ravindran, Member (J)]. - The appellants herein have filed two miscellaneous applications. Miscellaneous Application No. C/EH/30101/2017 is for early hearing of the appeal and Miscellaneous Ap....

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....ence appellant approached Hon'ble High Court of Andhra Pradesh in a writ petition for release of the confiscated consignments and the said writ petition was dismissed by Hon'ble High Court with a direction to seek appropriate relief from CESTAT as the confiscation of goods is decided by the adjudicating authority. It is his submission, that they may be permitted to release the consignment which wa....

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....n the case is whether the applicant is eligible for the benefit of notification No. 12/2012-Cus. or otherwise is contested in appeal No. C/30106/2016 which will be considered on its merits at the time of final disposal of appeal as the issue is highly technical one and it may require considerable time to come to a conclusion. 5. It is undisputed that confiscated quantity of coal i.e. 14,80....

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....ermitted to clear the quantity of 14,801.52 MT imported coal "coke breeze" on payment of proportionate duty liability along with interest and payment of redemption fine of Rs. 2.50 crores as imposed by adjudicating authority. In our view, the amount of penalty imposed by the adjudicating authority need not be deposited as of now for the clearance of confiscated goods as the entire Order-in-Origina....