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TMI Blog2022 (10) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty imposed on the appellant in the impugned order, if some amount has already been deposited only the rest has to be paid. Usually, the impugned order itself appropriates the amounts already deposited towards the liability of duty or penalty. The amounts deposited by the other entities cannot be reckoned towards the pre-deposit by the appellant herein. Such amounts can be reckoned towards pre-deposit in appeals, if any, by such entities and if they had not filed any appeals, towards their liabilities of duty or penalty as per the order of the lower authority. Of course, if there is no liability against any entity as per the order of the lower authority but any amount has been paid by such entity or if the entity paid an amount in exce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Director 2. 19,55,000 16.09.2015 Standard Chartered Bank Zealous International Proprietor 3. 35,50,000 16.09.2015 Kotak Mahindra Bank Fiber Exim Partner 4. 39,95,000 16.09.2015 Kotak Mahindra Bank Zealous Exim India Partner 5. 31,00,000 18.10.2015 HDFC Bank Zealous Overseas Pvt. Ltd. Director ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsidered the submissions on both sides. Section 129E of the Customs Act reads as follows: SECTION 129E. Deposit, pending appeal, of duty and interest demanded or penalty levied. - Where in any appeal under this Chapter, the decision or order appealed against relates to any duty and interest demanded in respect of goods which are not under the control of the customs authorities or any penalty levied under this Act, the person desirous of appealing against such decision or order shall, pending the appeal, deposit with the proper officer the duty and interest demanded or the penalty levied: Provided that where in any particular case, the Commissioner (Appeals) or the Appellate Tribunal is of opinion that the deposit of duty and i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant herein. Such amounts can be reckoned towards pre-deposit in appeals, if any, by such entities and if they had not filed any appeals, towards their liabilities of duty or penalty as per the order of the lower authority. Of course, if there is no liability against any entity as per the order of the lower authority but any amount has been paid by such entity or if the entity paid an amount in excess of the liability as per the order, such entity can seek refund of the amounts so deposited. 6. In view of the explicit legal provision, the applications filed by the appellant deserves to be rejected and are rejected. We, however, grant the appellant four weeks further time to make the pre-deposit as a last opportunity. List on Octobe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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