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TMI Blog2014 (5) TMI 637X X X X Extracts X X X X X X X X Extracts X X X X ..... t (AR) JUDGEMENT Per: H.K. Thakur 1. This appeal has been filed by the appellant for staying the operation of OIA No.DMN-EXCUS-000-APP-167-13-14, dt.12.09.2013 passed by the Commissioner (Appeals) Daman upholding the OIO No.API-1/DEMAND/ 06/2013-14 , dt.31.05.2013 passed by Assistant Commissioner, Central Excise, Dn.I Vapi. The issue involved is regarding encashment of Bank Guarantee and enfor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thin 3 months, positive NFE was to be achieved within 5 years and the raw materials and capital goods were to be carried forward at their original value and not at depreciated value. The appellant was also granted warehousing licence No.V/100% EOU/3/PBWH/JBSL/05-06, dt.01.03.2006 by Deputy Commissioner, Central Excise & Customs, Division Vapi-I. Appellant executed B-17 bond dt.06.04.2006 for Rs.2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above said records for verification inspite of so many reminders and summons to the Department. The appellant did not start commercial production in the unit. Instead, in the month of July 2007, appellant requested to shift the entire unit to a new location. The premises was visited and Panchnama dt.04.12.2008 was drawn. During the visit of the premises, it was found that the premises were demoli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to be recovered has not been quantified by the Revenue and hence invocation of Bank Guarantee and enforcing of B-17 bond is not justified. He also produced a copy of Settlement Certificate, dt.31.03.2005 according to which M/s Ashai Fibres Ltd has got a one time settlement sum of Rs.345 lakhs as against total claim of Rs.31.53 Crores. 4. Shri Manoj Kutty, (AR) appearing on behalf of the Revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t appeals were not produced before the lower authorities. This matter is, therefore, required to be remanded to the adjudicating authority. It is directed that appellant should produce all the records available with him to the adjudicating authority who shall quantify the duty liability of the appellant based on the records available, before enforcing the B-17 bonds and encashing Bank Guarantee, b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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