9911796707
TMI Blog2012 (9) TMI 273X X X X Extracts X X X X X X X X Extracts X X X X ..... the same are available for confiscation - goods were never seized neither available for seizure. If the goods are not seized, the question of confiscation of such goods does not arise and consequently there is no question of imposing redemption fine to release these goods Enforcing bond - unit had executed G-17 bond and all liabilities against 100% EOU are being covered by this bond - unit ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of Commissioner (Appeals) No. SKSS/285-286/SRT-II/2010, dated 30-12-10, rejecting the department s appeal. M/s. Millat Fibres, Surat were alleged to have diverted duty free inputs. Appropriate Customs duty was confirmed with equivalent penalty and ordering interest vide OIO No. 01/SNP-ADC/OA/2008-09, dated 9-1-09. However, the adjudicating authority did not confiscate 6000 kgs of impor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to manufacture, under bond under Sections 58 65 of Customs Act, 1962, have inter alia undertaken to observe all provisions of Customs Act, 1962, Central Excise Act, 1944 and rules made thereunder. Therefore, the said bond is available for enforcing and for recovery of any fine. Revenue again relied upon the Hon ble Apex Court s judgment supra, holding that the department can confiscate the good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as canvassed by the Revenue that the unit had executed G-17 bond and all liabilities against 100% EOU are being covered by this bond. I find that the unit had executed a bond while obtaining warehousing licence and to manufacture for working as EOU. However, no bond was executed for release of the goods confiscated and no redemption fine was imposed on release. Therefore, there is no question of e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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