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2016 (4) TMI 924 - CESTAT NEW DELHIProvisional release of seized aircrafts - Section 110A of Customs Act, 1962 - Aircrafts originally imported and assessed provisionally to duty - Assessment and duty liability are yet to be finalized by the authorities even after 5 years of original import. Held that:- the appellants sold these aircrafts to foreign buyers. These aircrafts left India and were brought back again on lease agreement. The present seizure and provisional release is with reference to improper export and re-import of these aircrafts. The conditions for release has been fixed as execution of bond for full value of the aircrafts and supported by bank guarantee for full duty liability of these aircrafts. After considering the background, while furnishing bond for the full value can be considered as proper. insistence of bank guarantee of full duty liability is apparently a harsh condition followed by the decision of the Tribunal in appellant's own case involving similar set of facts reported in in [2016 (3) TMI 558 - CESTAT CHENNAI]. Accordingly, the orders for provisional release to the extent of reducing the bank guarantee to 20% of the duty liability as fixed and ordered by the original authority is modified, Bond will be for full value of the aircrafts. - Appeal disposed of
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