TMI Blog2019 (4) TMI 1702X X X X Extracts X X X X X X X X Extracts X X X X ..... e note of the fact that the Directorate of Revenue Intelligence has seized the goods covered in these consignments and are in the process of carrying out further investigations. Goods being of perishable nature, are required to be Provisional released in terms of Section 110A ibid. The Transaction value declared in the Bills of Entry is much higher. The amount of bond may be determined on the basis of tariff values at the relevant time. Bank guarantee/Security in addition to bond for provisional release - HELD THAT:- The imported consignments have been accompanied by the necessary documents. Nothing on record indicates that the investigating Agency is considering such documents as forged or otherwise suspicious. If the benefit of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... try, duty free clearances were sought. 2. The Directorate of Revenue Intelligence seized the goods covered by all seven Bills of Entry under Section 110(1) of the customs Act, 1962, on the belief that the goods have been imported in contravention of the SAFTA Provisions. The importer, approached the Commissioner of Customs for provisional release of the seized goods under Section 110 A ibid. By issue of the three impugned orders, the Commissioner of Customs allowed provisional release subject to executing bond for the full value of the goods along with Bank guarantee covering. the duty, fine and penalty. The details are as follows:- F. No. -VIII(10)30/CCP/Adjn/DRI-KZU/Soubhik/WB/18 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inated from Bangladesh and the goods are accompanied with all necessary certificates for claiming the benefit of Notification No. 99/2011 dated 09/11/2011. The Ld. Advocate submitted that the exporter in Bangladesh has satisfied the conditions specified in SAFTA Agreement and Rules of Origin. The minimum value addition of 30% has been certified by the Export Promotion Bureau of Bangladesh. The DRI has not indicated any valid reason for suspecting the same and in the absence of any such evidence the goods are required to be granted the benefit of Duty Free Exemption. (ii) The imported Refined Palmolein Oil is required to be assessed on the basis of value notified from time to time as tariff values. The Tariff values notified a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Refined Palmolein Oil, have been imported from Bangladesh. The benefit of Notification No.99/2011 dated 09/11/2011 has been claimed. The Notification grants the benefit of nil rate of import duty in respect of goods originated from SAARC Countries subject to satisfying the Rules of Determination of Origin of Goods under the Agreement on South Asian Free Trade Area (SAFTA), 2006. One of the conditions prescribed in the Rules is that the goods originating from the SAARC country have to satisfy certain value addition norms if these are produced out of products originating from other countries. From the certificates accompanying the consignment, it is noted that the value addition norms have been certified by the Export Promotion Bureau of Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gnments have been accompanied by the necessary documents. Nothing on record indicates that the investigating Agency is considering such documents as forged or otherwise suspicious. If the benefit of the Notification is granted, no duty would be payable. It has also been submitted on behalf of the importer that the goods have been regularly imported by the same importer from time to time and have invariably enjoyed the benefit of duty clearance under Notification 99/2011. Keeping in view these facts, we are of the view that the ends of justice will be met by execution of bond for 100% value of goods (determined on the basis of tariff value) with Bank guarantee for an amount of 20% of the applicable duties based on Tariff value. The copy of o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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