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TMI Blog2010 (9) TMI 432X X X X Extracts X X X X X X X X Extracts X X X X ..... Raha, Advocate, for the Respondent. [Order per : Chittaranjan Satapathy, Member (T)]. - Heard both sides. 2. Under the impugned order, the Adjudicating Commissioner has confiscated the impugned Aircraft but has allowed redemption on payment of fine of Rs.6.5 crores. He has also ordered invocation of the bank guarantee of Rs. 3.12 crores to partly recover redemption fine. He has, in addit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on that basis, the requirement of pre-deposit may be waived. 5. Shri A.K. Raha, learned Advocate appearing for the Department opposes the request for waiver of pre-deposit. He states that the appellants have violated the conditions of the Notification No. 21/02-Cus dated 1-3-2002 in as much as the same is available for either non-scheduled (passenger) services or for non-scheduled (charter) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lier, the learned Additional Solicitor General Mr. P.P. Malhotra appearing for the Department, had submitted before the Hon'ble High Court that the aircraft could be released provisionally if the appellants furnish bond for the full value of the aircraft and bank guarantee for 50% of the differential duty amount which was worked out to Rs. 3.11 crores (approximately). Accordingly, the appellants h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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