9911796707
TMI Blog2024 (10) TMI 1413X X X X Extracts X X X X X X X X Extracts X X X X ..... o be regarded as valid, still, the goods, in this case, arrived on 16th April 2024 i.e. before the date of such certificate - redemption fine and the penalty imposed HELD THAT:- Considering that in the present case, the value of the Cylinders is around Rs. 31 lakhs, we direct that the Cylinders be provsionally released subject to the Petitioner furnishing the usual bonds and paying the concerned Respondents an amount of Rs. 2,00,000/- without prejudice to the Petitioners rights and contentions that in the present case, no penalty or redemption fine is payable. All parties' contentions in the context of the Show Cause Notice issued are left open. Petitioner states that the payment and other formalities will be completed by 30 October 202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued a Show Cause Notice dated 1 October 2024, to the same effect as the impugned notice dated 28 May 2024. 4. Mr. Kantawala submitted that the Application for a PESO Certificate was made on 9 April 2024. Based on this, a PESO Certificate was issued on 25 April 2024. However, particulars in this certificate were incorrectly stated, thereby forcing the Petitioner to once again apply for a fresh certificate/correction. 5. A fresh certificate was issued on 10 May 2024 after the correct particulars were included. Mr. Kantawala submitted that in these circumstances, for no fault on the part of the Petitioner and for reasons entirely attributable to the PESO Authorities, the Petitioner cannot be made to suffer either confiscation or Penalty. 6. M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 000/- without prejudice to the Petitioners rights and contentions that in the present case, no penalty or redemption fine is payable. All parties' contentions in the context of the Show Cause Notice issued are left open. 10. Mr. Kantawala states that the payment and other formalities will be completed by 30 October 2024. When this is done, the cylinders must be released immediately. 11. We clarify that the payment of Rs. 2,00,000/- will abide by the conclusion in the adjudication of proceedings pursuant to the Show Cause Notice already issued. 12. This Petition is disposed of by making the following order: (A) The Seventh and Eighth Respondents are directed to provisionally release the Cylinders upon the Petitioner furnishing the usual ..... X X X X Extracts X X X X X X X X Extracts X X X X
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