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TMI Blog2016 (11) TMI 1428X X X X Extracts X X X X X X X X Extracts X X X X ..... r deposit made at the time of filing of the settlement application and the duty liability, as finally determined by the Commission in its order of 30-4-2014) as well as pass a separate order discharging the bank guarantees issued in favor of the Commissioner of Customs - petition allowed - decided in favor of petitioner. - W.P. (C) No. 11005 of 2016 and CM No. 43078 of 2016 - - - Dated:- 21-11-2016 - S. Ravindra Bhat and Najmi Waziri, JJ. Ms. Vidhushi Shubham and Ms. Reena Rawat, Advocates, for the Petitioner. Shri Sanjeev Narula, Senior Standing Counsel, for the Respondent. ORDER CM No. 43078/2016 (for exemption) : Allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 11005/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is settled at ₹ 25,69,617/- (Rs. 17,63,207 + ₹ 6,54,022 + ₹ 1,52,388) i.e. Rupees twenty-five lakh, sixty-nine thousand six hundred and seventeen only. An amount of ₹ 25,69,617/- deposited by the applicant is ordered to be appropriated towards the settled amount of duty. Nothing further remains to be paid on this count. Interest : An amount of ₹ 1,81,657/- (Rs. 1,50,944 + ₹ 30,713) has been deposited towards interest liability which is ordered to be appropriated. The Revenue is however, given liberty to check the correctness of the amount of interest and, in case there is any short fall, to re-calculate the interest on the settled duty amount within 15 days of the receipt of this order and inform t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity to all the applicants and the co-applicants from prosecution under the Act and Rules framed thereunder as applicable in so far as this case is concerned. 6. In view of the finality of the Settlement Commission s order, which cannot be appealed against, the respondents are hereby directed to take appropriate consequential action and pass orders to refund the excess amounts paid (i.e. differential between the payment or deposit made at the time of filing of the settlement application and the duty liability, as finally determined by the Commission in its order of 30-4-2014) as well as pass a separate order discharging the bank guarantees issued in favour of the Commissioner of Customs. These directions shall be complied with by the res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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