9911796707
TMI Blog2025 (1) TMI 609X X X X Extracts X X X X X X X X Extracts X X X X ..... bank guarantee. Either way, the impugned Order-in-Original is of 6th December, 2024 and the period for filing the appeal is three months in terms of Section 129A of the Customs Act, 1962. Conclusion - Considering the fact that a substantial sum has already been appropriated by the Department, the Court is of the view that the encashment of the subject bank guarantee deserves to be restrained subject to the Petitioner keeping the said bank guarantee alive. Petition disposed off. - JUSTICE PRATHIBA M. SINGH AND JUSTICE DHARMESH SHARMA For the Petitioner Through: Mr. Pradeep Singh Rawat Mr. Pankaj Pandey, Advs. For the Respondent Through: Mr. Harpreet Singh, Sr. SC. With Ms. Suhani Mathur and Mr. Shivang Chawla, Advs. PRATHIBA M. SINGH, J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Order-in-Original passed by the Principal Commissioner of Customs is as under: 10.0 In view of the above, I pass the following order:- 10.1 I deny the benefit of concessional rate of duty to M/s ASTN, Jammu under Advance Authorization Scheme under Notification No. 18/2015-Cus dated 01.04.2015, on the imported goods Walnut Insheels (Chandler Variety) , imported vide Bills of Entry, as detailed in Annexure -A to the SCN and confirm the demand of Customs duty amounting to Rs. 18,48,23,601/-(Rupees Eighteen Crore, Forty-Eight Lakh, Twenty Three Thousand and Six Hundred One) Only along with applicable interest being the duty foregone at the time of import under said Advance Authorizations, as discussed at para 8 supra. 10.2 I order to appropria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3,06,77,000/- already executed by M/s ASTN, Jammu and lying with EPM section of ICD, Tuglakhabad in respect of Advance Licenses No. as discussed at para 8.6 supra and appropriate towards the balance Customs duty payment of. Rs. 14,94,62,164/- as per para 10.2 above. 6. The Petitioner s counsel submits that the Petitioner is in the process of filing the appeal challenging the said Order-in-Original. However, there is an apprehension due to the past history with the Department, that the Department could encash the subject bank guarantee of Rs. 3,06,77,000/- which is lying with it even prior to the filing of the appeal and the listing of the same. 7. Reliance is placed by the ld. Counsel upon the Circular No. 984/08/2014-CX dated 16th Septemb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... covery, 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, thus, submitted by ld. Counsel for the Petitioner that the encashment ought not take place and there is a serious apprehension that the subject bank guarantee would be encashed. Further, in terms of the above clause 4 of the Circular, it is his submission that till the appeal is filed and during the pendency of the appeal if the stipulated amount of pre-deposit is paid, no coercive steps can be taken for recovery of any amounts by the Department. 9. Mr. Harpreet Singh, ld. Counsel appearing for the Customs Department, submits that the Circular would be applicable in this particular case inasmuch as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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