9911796707
TMI Blog2024 (12) TMI 968X X X X Extracts X X X X X X X X Extracts X X X X ..... M. S. SONAK, J) 1. Heard learned counsel for the parties. 2. Rule. The rule is made returnable immediately at the parties' request and with the consent of learned counsel. 3. The Petitioner complains that despite the Tribunal's order dated 01 July 2024, the Respondents are not releasing the seized consignment on the plea that they intend to appeal the Tribunal's order dated 01 July 2024. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties seized the Petitioner's consignment, which contained penetrating oil, on the grounds that it was adulterated and canalized. The Adjudicating Authority and the First Appellate Authority held against the Petitioner. 8. The Petitioner, therefore, appealed to the CESTAT vide Customs Appeal No. 85316 of 2024. By the judgment and order dated 01 July 2024, this Appeal was allowed, and the orders ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed goods are diesel oil. We do not have to examine the correctness of the rule applied for re-determination of value inasmuch as the foundation for proceeding to rule 3 (4) of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 has been displaced by our finding supra. Consequently, re-determination of value as well as reassessment of the duty liability do not have any basis in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wing to the Petitioner:- "With reference to the above cited subject, in view of Order No. 85660/2024/0004617 dated 01.07.2024 passed by Hon'ble CESTAT, Mumbai in relation to Bill of entry no. 8511565 dated 28.10.2023, the impugned goods are being released provisionally under PD bond and end use bond. Further, as the CESTAT order is being appealed against before the Hon'ble Supreme Court, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndents cannot indefinitely avoid compliance with the Tribunal's judgment and order. 13. Accordingly, we set aside the impugned letter dated 05 August 2024 and direct the Respondents to comply with and consequently release the seized goods within two weeks of the uploading of this order unless, of course, in the meanwhile, the Respondents obtain a stay on the implementation of the Tribunal's judgm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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