BEDI SHIPPING LTD. Vs. COMMISSIONER OF CUSTOMS (IMPORTS)

JUDGEMENT

(1.) THIS Notice of Motion has been taken out by the applicant in an pending appeal from the order dated 29 February, 2008 of the Customs, Excise and Service Tax Appellate Tribunal (in short "Tribunal") (2008 (231) E.L.T. 657 (Trib)). The Tribunal by the impugned order dated 29 February, 2008 had imposed a penalty of Rs. 2 lakhs upon the applicant. Besides, having upheld confiscation of four barges which were imported in India with an option to redeem the same on payment of redemption fine of Rs. 20 lakhs. However, the option to exercise the redemption fine was not granted to applicant but only to the original owner M/s. Denube Ocean Shipping Agency (M/s. DOSA). Being aggrieved, the applicant has filed an appeal challenging not only the confiscation of the four barges but also not giving the applicants the option to redeem the same. The applicant, during the proceedings before the respondents, had furnished two bank guarantees of Rs. 10 lakhs each in favour of the respondents.

(2.) BY the present Notice of Motion, the applicant seeks permission to file Bills of Entry for home consumption and clearance of the four barges on payment of appropriate duty.

(3.) MR . Rao, learned counsel for the respondent submits to the orders of this Court.