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2014 (3) TMI 674 - ALLAHABAD HIGH COURTConfiscation of goods - import of Knitted Fabric Polyester Lining. - Conditions which have been imposed for provisional release of the goods requiring the petitioner to furnish a bank guarantee well in excess of 100% of the determined value of the goods is unreasonable and at the highest a guarantee for 20% of the differential duty could have been demanded - Held that:- Conditions which have been imposed by the second respondent are arbitrary and excessive. Instead and in place of the conditions which have been imposed by the second respondent, we direct that provisional release under Section 110 -A of the Customs Act, 1962 shall be granted to the petitioner in respect of the consignment in question subject to the petitioner executing a bond for the entire differential duty and furnishing a bank guarantee of a nationalized bank to the satisfaction of the second respondent for an amount representing 30% of the differential duty. The guarantee shall be furnished to the satisfaction of the second respondent and shall be kept alive pending the disposal of the adjudication proceedings and for a period of 8 weeks thereafter. The goods shall be released within a period of three days of compliance of the above directions. The order for provisional release shall stand modified to the aforesaid extent - Decided partly in favour of assessee.
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