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TMI Blog2018 (5) TMI 1144X X X X Extracts X X X X X X X X Extracts X X X X ..... - More so because the provisional release was granted with conditions imposed in terms of the order of Hon’ble High Court. If the order of redemption fine is stayed it will result in bypassing the directions of Hon’ble High Court - Tribunal is not the proper forum to seek relaxation in conditions imposed by Hon’ble High Court - application therefore rejected. - APPLICATION NO. C/MISC/85459 & 85463/18, IN APPEAL NO. C/86667, 86660 & 86661/17 - M/85465-85466/2018 - Dated:- 2-5-2018 - SHRI RAJU, MEMBER (TECHNICAL) And SHRI P. DINESHA, MEMBER (JUDICIAL) Shri V. Sridharan, Sr. Advocate for Appellant Shri Ahibaran, Commissioner (A.R.) for Respondent Per: Raju: The applicant has filed two miscellaneous applications. Applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd that Sl. No. 24 of list 13 did not cover the cost of repair and refurbishment done abroad for which essentially certificate was issued. Rig Aban IV was ordered to be assessed on merit in terms of Notification No. 94/96-Cus. Dated 16.12.1996. An amount of ₹ 6,94,24,441/- representing Customs duty was paid. DRI, based on specific intelligence regarding suppression of actual cost of repair and refurbishment by M/s Aban Offshore Ltd. investigated the case. It found that M/s Aban Offshore Ltd. had mis declared the cost of repair and refurbishment of Aban-IV Rig. The actual cost of repair and refurbishment should have been ₹ 72,66,04,323/-CIF and not ₹ 46,72,177 CIF as declared by M/s Aban Offshore Ltd. Mis-declaration of act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 Rig Aban IV was confiscated under Section 111 (d) and 111 (m) of the Customs Act, 1962. The option was given to the applicant M/S Aban Offshore Ltd. to redeem the rig on payment redemption fine. Applicant have now filed miscellaneous application praying for stay of operation order dated 27.02.2017 to the extent it imposes redemption fine. 3.2 Aban Offshore is a foreign flag vessel which stand confiscated under Section 111 (d) and 111 (m) of Customs Act, 1962. Since, the vessel Rig Aban IV has been confiscated they become the property of Govt. of India and hence M/s Aban Offshore Ltd. are not permitted to take out the vessel out of India and employ it for commercial purpose without payment of redemption fine, However as per directions o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of final relief they are seeking in the appeal in so far as confiscation redemption fine are concerned. The same cannot be granted while considering miscellaneous application. More so because the provisional release was granted with conditions imposed in terms of the order of Hon ble High Court. If the order of redemption fine is stayed it will result in bypassing the directions of Hon ble High Court. Thus miscellaneous application No. C/Misc/85459/18 is rejected. 3.5 The conditions of provisional release have been terms of the order of Hon ble High Court of Mumbai date 3 rd August 2015. In para 10 of the Hon'ble High Court order following has been directed. In the above circumstances, we are of the opinion that interest of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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