2026 (4) TMI 1168

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....gistry, the appellant vide letter dated 19.01.2026 referred the CBEC Circular No. 984/8/2014-CX dated 16.09.2014, wherein, it has been clarified that the amount paid during investigation, be considered as deposit made under section 129E of Customs Act. Learned counsel further submits that while passing the order of provisional release the adjudicating authority has demanded the furnishing of Bank Guarantee of Rs. 5,70,050 which was furnished by the appellant. He further submits that once, the adjudication has been finalized and differential duty demand in this case comes to Rs. 33,97,460/- and pre-deposit thereto comes to Rs. 3,39,746/-. 2. Learned Counsel submits that the bank guarantee lying with the Department should be considered for....

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.... the Custom Department. 3. In reply to the submissions made by the learned Counsel, The Learned Authorized representative for the Department submits that as per Section 129E of Customs Act, 1962, mandatory pre-deposit has to be made before filing the appeal before the Tribunal, whereas in the present case, the appeal was filed without complying with requirement of Section 129E of Customs Act, 1962 and when the Registry raised the objection thereafter, the appellant had written to the Custom Department to encash the bank guarantee and considered the same towards the payment of mandatory pre-deposit which was refused by the Department. 3.1 The learned AR further submits that the Circular No. 984/8/2014-CX dated 16.09.2014 relied upon by....

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....ed and the same is not decided so far. 4. I have considered the submissions made by both the parties and perused the material on record; I find that in the present case, the submissions made by the learned Counsel for the appellant does not have any force because as per Section 129E of Customs Act, 1962, the mandatory pre-deposit has to be made before filing the appeal and the appeal will not be entertained if the mandatory compliance of Section 129E of Customs Act, 1962 is not made. Further, the amount deposited during the investigation cannot be equated with the bank guarantee furnished by the appellant as per the order dated 11.07.2023 passed by the Additional Commissioner. Further, the decision of Kerala High Court in the case of ....