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TMI Blog2014 (3) TMI 119X X X X Extracts X X X X X X X X Extracts X X X X ..... ale for bringing in the engine was to enable it to be fitted to the cannibalized aircraft to fly it. It is not disputed that the aircraft has been allowed to fly out though with the aid of another engine. - to avoid deterioration in the functionality of the engine, it would be in the interest of justice to allow it to be released subject to conditions - petitioner directed to furnished bank guaran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a number of aircrafts to M/s. Kingfisher Airlines. On account of the latter s financial problems, some aircrafts were subjected to detention by the service tax authorities. After the service tax issues were cleared, the aircraft was subjected to detention. Since the duties were that of M/s. Kingfisher Airlines, the Customs authorities moved in and sought to detain the aircraft engine in question. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The Revenue, however, disputes this and submits that the petitioner is liable to pay duty, interest and such penalty as may be imposed by the adjudicating authority. It is submitted that the duty alone works out to Rs.8.69 crores and interest is approximately Rs.1.30 crores. Learned ASG, who appeared for the Customs authorities submitted that in addition, there is a likelihood of imposition of p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ks from today, the aircraft shall be released. (ii) The Customs authorities shall endeavour to adjudicate on the proceedings and pass such orders as are deemed appropriate, after considering and dealing with all contentions of the parties. (iii) The petitioner shall, as pre-condition for release of the engine, comply with all the necessary formalities for its release, including filing of appro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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