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TMI Blog2015 (3) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... because subsequently, NOCs have been issued by the Drug Controller for exports and even if confiscation is sustainable, penalty may not be sustainable. Therefore, we consider that appellant has made out a prima facie case for waiver of predeposit of penalties and stay against recovery during the pendency of appeal. Accordingly, the requirement of predeposit of penalties is waived and stay against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igation, according to the learned counsel, they were forced to deposit more than ₹ 1.18 crores being the sale proceeds of the bulk drug exported by them. It is his submission that in reality the sale proceeds were less than the amount so recovered. In the adjudication proceedings initiated thereafter, the consignments have been held liable to be confiscated and since the goods are not availa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 of the Customs Act 1962 is not sustainable since the Central Excise Officers and Customs Officers also allowed manufacture and export during the relevant period which would show that appellant cannot be found fault with if they have also believed that there was no ban. He also submits that the very fact that NOC is being issued would show that in reality, the goods cannot be considered as prohib ..... X X X X Extracts X X X X X X X X Extracts X X X X
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