2022 (9) TMI 1649

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....igvijay Nath Dubey For the Respondent : Anand Kumar Singh ORDER This is an appeal filed by the appellant under Section 130 of the Customs Act. 1962 assailing the judgment and order dated 28.3.2022 passed by the Customs, Excise & Service Tax Appellate Tribunal, Allahabad, Regional Bench in C/A/70082/2022-CU/DB whereby the Tribunal while adjudicating upon the appeal for release of the goods....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ority is directed to release the seized gold forthwith or within 7 working days to the appellant. In view of this, the appeal for provisional release of the seized gold is allowed with the conditions imposed hereinabove." Learned counsel for the appellant has inter alia argued that the order passed by the Tribunal is unsustainable in the eye of law for the reason that the petitioner ha....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....otice has been issued under Section - 124 of the Customs Act, 1962. The petitioner is stated to have filed his objections on 1.2.2022. Sri Digvijay Nath Dubey, appearing for opposite party does not have any objection to the prayer. Accordingly, we hereby direct the Commissioner of Customs (Preventive) to deal with the petitioner's objections against the show cause no....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....full value of the seized gold. We hereby affirm the first condition imposed by the Tribunal. In so far as the release of gold on the basis of bank guarantee of 30% of the value of the gold with auto renewal clause is concerned, we hereby modify the said clause and provide that the respondent shall extend bank guarantee to the tune of 50% of the value of the gold with auto renewal clause in favo....