9911796707
TMI Blog2024 (3) TMI 419X X X X Extracts X X X X X X X X Extracts X X X X ..... alternative remedy of appeal and as the petitioner is also ready to approach the appellate authority by complying with the statutory conditions within the period of limitation of 60 days, the writ petition is being disposed of finally, providing that the petitioner shall file the statutory appeal by complying the statutory pre-deposit condition, within the limitation period of 60 days from the date of the order impugned in this petition, dated 30.12.2023 and thereupon he may approach the competent authority with proof of deposit along with copy of memo of appeal, as per the circular against the recovery for rest of the amount. Since the period of limitation of 60 days for filing appeal has yet not expired, till the period of limitation of 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntioned, the petitioner apprehends that even within the period of limitation for filing appeal, the Bank Guarantee may be encashed though the impugned order cannot be implemented within the period of limitation for filing appeal. 4. Learned Junior Standing Counsel for CBIC submits that till date no coercive action has been taken against the petitioner pursuant to the impugned order, including its direction in clause (4). 5. It is not in dispute that the order is appealable and also that the period of limitation has yet not expired. 6. Learned Senior Counsel while referring to Circular No. 984/8/2014-CX dated 16.09.2014 filed along with the memo submits that in terms of para-4.1 thereof, vide Circular No .967/1/2013, dated 01.01.2013, Board ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mit of Rs. 10 crores, as the case may be; and (ii) the copy of appeal memo filed with the appellate authority. 4.3 Recovery action, if any, can be initiated only after the disposal of the case by the Commissioner (Appeals)/Tribunal in favour of the Department. For example, if the Tribunal decides a case in favour of the Department, recovery action for the amount over and above the amount deposited under the provisions of Section 35F/129E may be initiated unless the order of the Tribunal is stayed by the High Court/Supreme Court. The recovery, in such cases, would include the interest, at the specified rate, from the date duty became payable, till the date of payment. 8. It is the evident that if the statutory appeal is filed within the stat ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
