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TMI Blog2017 (11) TMI 1788X X X X Extracts X X X X X X X X Extracts X X X X ..... odhar, Member (T) Shri Raghavan Ramabadran, Advocate, for the Appellant. Shri M. Chandra Bose, Addl. Commissioner (AR), for the Respondent. ORDER [Order per : M.V. Ravindran, Member (J)]. - The appellants herein have filed two miscellaneous applications. Miscellaneous Application No. C/EH/30101/2017 is for early hearing of the appeal and Miscellaneous Application No. C/MISC/30557/2017 is for r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of Andhra Pradesh in a writ petition for release of the confiscated consignments and the said writ petition was dismissed by Hon'ble High Court with a direction to seek appropriate relief from CESTAT as the confiscation of goods is decided by the adjudicating authority. It is his submission, that they may be permitted to release the consignment which was confiscated, by depositing proportionate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for the benefit of notification No. 12/2012-Cus. or otherwise is contested in appeal No. C/30106/2016 which will be considered on its merits at the time of final disposal of appeal as the issue is highly technical one and it may require considerable time to come to a conclusion. 5. It is undisputed that confiscated quantity of coal i.e. 14,801 MT is allowed to be redeemed on payment of red ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mported coal "coke breeze" on payment of proportionate duty liability along with interest and payment of redemption fine of Rs. 2.50 crores as imposed by adjudicating authority. In our view, the amount of penalty imposed by the adjudicating authority need not be deposited as of now for the clearance of confiscated goods as the entire Order-in-Original is in challenge. Accordingly, application No. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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