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TMI Blog2017 (5) TMI 1001X X X X Extracts X X X X X X X X Extracts X X X X ..... urpose and a Bond is executed by the appellant. In these circumstances, it cannot be said that the goods are unconditionally released to the respondent - it cannot be said that the goods could not be confiscated - matter is remanded to the adjudicating authority for determination of redemption fine in lieu of confiscation of the goods - appeal allowed by way of remand. - Appeal No. C/377/07 - - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... venue has relied on various case laws cited in the Revenue s appeal. He especially highlighted the decision of the Tribunal in the case of Vibhuti Exports 2006 (194) ELT 195 (Tri-Del) and the decision of Hon'ble Apex Court in the case of Harbans Lal 1993 (67) ELT 20 (SC). Learned AR further pointed out that in this case the appellant had executed a Bond and Bank Guarantee in respect of impor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n have not been complied with, together with interest at the rate of twenty-four percent per annum from the date of clearance of the said materials : Provided that the bond shall not be necessary in respect of imports made after the discharge of export obligation in full. It is seen that the imported goods are released to the respondent on the condition that the same will be used for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods were released on the bond being executed, would not take away the power of the customs authorities to levy redemption fine. 5. In view of the above, it cannot be said that the goods could not be confiscated. Accordingly, the impugned order is set aside and the matter is remanded to the adjudicating authority for determination of redemption fine in lieu of confiscation of the goods. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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