TMI Blog2014 (12) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... Agent and not the importer, he was not in a position to pay ₹ 50 lacs, which was directed to be paid as a pre-deposit. We further observe that as per the order impugned before the tribunal, the appellant has been assessed and asked to pay customs duty of ₹ 67,29,000/- and penalty of similar amount has been imposed on him. Pursuant to the last order, the appellant has deposited ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny immovable property. The appellant will deposit a further sum of ₹ 5 lacs as a pre- condition for hearing of the appeal - The appellant will also furnish unconditional bank guarantee of ₹ 22 lacs to the satisfaction of the Registrar of the Tribunal stating that the bank will pay the amount in case the appellant does not succeed before the Tribunal - Decided partly in favour of Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th September, 2014 we had recorded that we would not like to interfere with the impugned order on merits on the factual aspects, but the counsel for the appellant had submitted that the appellant was a Customs House Clearing Agent and his licence has been suspended for last four years. It was further submitted that the appellant being a Customs House Clearing Agent and not the importer, he was not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder dated 12th September, 2014. Spouse of the appellant is working and drawing salary for about ₹ 11 lacs per annum. Details of her FDRs and investments as well as details of FDRs and investments in the name of two children and the PPF account of the spouse have been indicated. It is stated that the appellant, his spouse and minor children do not own any immovable property. The impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al. The bank guarantee will be furnished within a period of four weeks from the date a copy of this order is made available to the counsel for the appellant. Of course, the payment would abide by further orders, which would be passed by the appellate forum. We clarify that we have not expressed any opinion on the merits of the lis and the Tribunal will independently apply their mind. The questi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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