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TMI Blog2018 (4) TMI 465X X X X Extracts X X X X X X X X Extracts X X X X ..... ession’ implying that the erstwhile rate would apply only in relation to proceedings initiated before the enhanced rate came into effect. The interest liability discharged by the appellant falls short and renders them ineligible for the privilege of conclusion of proceedings - appeal dismissed - decided against appellant. - E/87363/2015 - A/92258/2017 - Dated:- 17-11-2017 - SHRI C J MATHEW, MEMBER (TECHNICAL) Appearance: Shri Jayant Kumar, Advocate for appellant Shri S Hasija, Superintendent (AR) for respondent The short point for determination in this appeal of M/s Kalika Steel Alloys Private Limited against order-in-appeal no. NGP/EXCUS/000/APPL/233/15-16 dated 9th July 2015 of Commissioner of Central Excise Cus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lable for confiscation nor cleared under bond/undertaking. The Hon ble High Court followed the ratio of the Apex Court s judgment in Weston Components case and held that, as the goods in question had been allowed to be cleared without execution of any bond/undertaking by the importer, no redemption fine could be imposed under Section 125 of the Customs Act in lieu of confiscation. Reproduced below is the relevant part of the High Court s judgment. 12. It may also be noticed here that in the case of M/s. Weston Components Ltd. v. Commissioner of Customs, New Delhi (supra), the goods were released to the assessee on an application made by it an on the execution of a bond by the assessee and in those circumstances, the Hon ble Apex Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned orders. No substantial question of law arises for our determination in the present appeal and the same is hereby dismissed. (emphasis supplied.) 4. As the proceedings against the appellant commenced with illicit removal of downstream products allegedly manufactured out of the inputs allegedly cleared without payment of duty from the factory of the appellant, the offending goods are obviously not available. In view of the decision of the Larger Bench of the Tribunal, the imposition of redemption fine is not tenable. 5. It was also submitted on behalf of the appellant that the allegation of illicit removal of goods is based on statements and inferences which should not be allowed to sustain. The primary claim of the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -2003 will be applicable to the defaults which occurred after 1-4-2003. We concur with the concurrent findings on this aspect.. 8. It is to be noted that the decision in re Priyadarshini Cements Ltd pertains to delayed payment of duties of central excise on goods that are cleared against documents. The offence by the appellant is that of illicit clearance and the rate of interest prevailing on date of default cannot apply to a fraudulent act. Moreover, as pointed out by Learned Authorized Representative, the notification enhancing the rate of interest superseded the existing rate which was allowed to continue only for the limited purpose of as respects things done or omitted to be done before such supersession implying that the erstw ..... X X X X Extracts X X X X X X X X Extracts X X X X
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