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TMI Blog2018 (12) TMI 1306X X X X Extracts X X X X X X X X Extracts X X X X ..... not be considered as a reasonable time - Assuming without admitting upon adjudication of the show cause notice, the proposal therein is confirmed, the entire liability may be around ₹ 11 crores and assuming the assessee files appeal, the minimum pre- deposit required to be made would be ₹ 7.5% of the disputed demand. The partial relief can be granted to the appellant so as to enable them to tide over the financial crisis, which they are stated to be undergoing at present - appeal allowed in part. - Writ Appeal No.2611 of 2018 And C.M.P.No.21289 of 2018 - - - Dated:- 30-11-2018 - Mr. T.S.Sivagnanam And Mr. Justice N. Sathish Kumar For the Appellant : Mr.Hari Radhakrishnan For the Respondents : Mr.A.P.Srinivas Seni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity including for release of bank guarantee by making interim application, after complying with the statutory requirements of pre-deposit. 2. After hearing Mr.Hari Radhakrishnan, learned counsel appearing for the appellant and Mr.A.P.Srinivas, learned Senior Standing Counsel accepting notice on behalf of the respondents, we find that substantial part of the direction issued by the learned Single Bench is just and proper. This is so because what was impugned before the learned Single Bench was a show cause notice dated 22.05.2018 proposing to demand differential duty to the tune of ₹ 9.54 Crores under 18 (2) of the Customs Act, 1962 (for brevity the Act ) along with applicable interest under 18(3) of the said Act. 3. The appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l of Bank Guarantee, if the assessment is not completed within a period of six months. However, the circular draws certain exceptions particularly in cases where investigation is conducted by DRI, which has occurred in the appellant's case. Therefore, the learned Single Bench was of the opinion that circular may not have any assistance to the case of the appellant. 7. In our considered opinion, though the case may be one of investigation done by the DRI, yet final assessment should be done within a reasonable time. In the opinion of the Central Board, 6 months' is reasonable time under normal circumstances. In our prima facie view, period of 15 years cannot be considered as a reasonable time. But we refrain from rendering any fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med. b) The directions ordered in Paragraph 15 (d), (e) (f) stands modified as follows:- The appellant is directed to remit a sum of ₹ 16 lakhs as cash deposit so that the cash deposit to be retained by the department will be rounded off to ₹ 1 Crore as already ₹ 84 lakhs has been remitted by the appellant. The appellant need not renew the Bank Guarantee and the department is directed to intimate the petitioner's bankers about the above direction within a period of two weeks from the date on which the appellant remits the sum of ₹ 16 lakhs, on compliance of which, the Bank Guarantee shall stand revoked. c) We direct the adjudicating authority to complete the adjudication process as expeditiously as pos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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