Home Case Index All Cases Customs Customs + AT Customs - 2013 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (11) TMI 634 - AT - CustomsConfiscation of goods - Valuation of consignment of foils imported - provisional release of goods - Held that:- four consignments seized by the respondent authority, we are of the view that in such situation, the petitioners maybe permitted to have release of three of the consignments and remaining one consignment will be kept as security. In addition to such security, the petitioners will give corporate bond of the entire valuation as demanded by the respondent and will give bank guarantee of 25% of the differential duty. On furnishing of such bond and bank guarantee as indicated above, the respondent authority will release three of the consignments detaining the remaining one. This order will abide by all the ultimate result of adjudication by the respondent authority - Supreme Court enhanced the security to 30%, but having regard to the fact that we have not permitted the release one of the four consignments of the petitioners, we, in the facts of the present case, restrict the amount of bank guarantee to 25%. The petitioners, however, must answer to the show cause notice within three weeks from today. In default of the same, the respondent authority will be free to adjudicate the matter exparte - Following decision of Navshakti Industries Pvt. Ltd. Vs. Commissioner of Custom, ICD, TKD, New Delhi [2010 (5) TMI 592 - DELHI HIGH COURT] - Decided partly in favour of assessee. Waiver of pre deposit - Held that:- Since the appellant in this case has followed the direction, ld. Sr. Counsel’s submission that one of the consignment is lying with the department, which is of value of approximately Rs.40 lakhs, we consider the compliance made by the appellant on the direction Hon'ble High Court, as enough to hear and dispose the appeals - applications for waiver of pre-deposit of balance amount of duty, interest and penalties imposed are allowed and recovery thereof stayed till the disposal of appeals - Stay granted.
|