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TMI Blog2015 (12) TMI 929X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent : Mr Satish Kumar, Advocate, Mr Amish Aggarwala with Mr Satish Aggarwala, Advocates ORDER The petitioner is aggrieved by the fact that the goods which have been detained by the respondents at the various godowns at Delhi, Ghaziabad & Thane have not been released despite the petitioner having been complied with the conditions of the provisional release order. The petitioner had applie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r full value (seizure value in this case) of the goods, i.e. Rs. 1,17,90,039/-. (iii)On furnishing of Bank Guarantee of Rs. 10,16,260/-, i.e., 30% of differential duty, with auto renewal clause as per RBI guidelines. (iv)On furnishing an undertaking by the importer that the identity & weight of the seized goods will not be disputed/challenged at any stage. (v) Drawing of representative sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty came to Rs. 33,87,526/-. The petitioner states that it had during the course of investigation deposited a sum of Rs. 35,00,000/- voluntarily towards the differential duty which at that time was roughly estimated to be Rs. 35,00,000/-. Insofar as all the other conditions are concerned, the petitioner states that he has complied with the same. The only bone of contention is with regard to the pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 28AB (28AA from 08.04.2011) of the Customs Act, 1962. The petitioner has also been required to show cause by virtue of the said notice as to why the amount of Rs. 35,00,000/- deposited voluntarily during investigation should not be appropriated against the aforesaid demand. It is, therefore, the case of Mr Satish Kumar that the said sum of Rs. 35,00,000/- is not available to the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en required to be deposited by virtue of the provisional release order dated 29.04.2015. Consequently, in our view, the said sum of Rs. 35,00,000/-, which was voluntarily deposited by the petitioner, ought to be adjusted against the estimated differential duty of Rs. 33,87,526/-, which has been indicated in the provisional release order. The respondents are directed to release the said goods with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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