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2013 (3) TMI 28 - HC - CustomsProvisional release of goods - held that:- it is clear that pending the order of the adjudicating officer, goods can be released to the owner, on taking a bond from him in the proper form with such security and conditions if the adjudicating officer may require. Further, it is also brought to our notice the recent Notification No. 81/2011, dated 25-11-2011, issued by the Government of India, wherein it is stated that if the importer or exporter, as the case may be, execute a bond in an amount equal to the difference between the duty that may be finally assessed or re-assessed and the provisional duty and deposits with the proper officer such sum not exceeding twenty percent of the provisional duty as the proper officer may direct, the proper officer may assess the duty on the goods provisionally at an amount equal to the provisional duty. Respondents directed that the goods of the respondents shall be cleared by the appellants herein on the respondents’ furnishing a bank guarantee of 30% of the differential duty to the satisfaction of the Commissioner of Customs.
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