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2008 (7) TMI 421 - HC - Central Excise
Issues:
- Interpretation of reliance on a certificate cancelled by designated authority - Validity of Tribunal's order releasing confiscated goods Interpretation of reliance on a certificate cancelled by designated authority: The appellant-revenue questioned whether the Tribunal should have relied on a certificate issued by the designated authority under the Kar Vivad Samadhan Scheme (KVSS), which was later cancelled due to false particulars in the declaration. The appellant argued that since the certificate was cancelled, the Tribunal should not have released the confiscated goods. However, the Tribunal upheld the order of the Commissioner (Appeals) after considering that the redemption option was not exercised within the granted period. The Tribunal's decision was based on the fact that the goods remained confiscated, and there was no justification for holding onto the Bank Guarantee and bond executed by the assessee. The Court concluded that the cancellation of the certificate under KVSS did not impact the situation where redemption was not sought within the specified period, leading to the dismissal of the appeal. Validity of Tribunal's order releasing confiscated goods: The respondent-assessee had furnished a Bank Guarantee and executed a bond for the provisional release of seized goods, with an option to redeem the goods by paying a fine. The claim for discharge from the Bank Guarantee and bond was rejected by the adjudicating authority, and the appellate authority affirmed this decision after finding that the redemption option was not exercised within the stipulated period. The Tribunal upheld the appellate authority's order, emphasizing that the goods remained confiscated as redemption was not sought within the granted period. The Court determined that no substantial question of law arose from the Tribunal's decision, and the appeal was consequently dismissed. The Court highlighted that the subsequent cancellation of the certificate issued under KVSS did not alter the outcome of the case, as the key issue was the failure to exercise the redemption option within the specified timeframe.
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