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2015 (2) TMI 262 - AT - CustomsProvisional release of the seized goods imported on certain conditions - Held that:- Neither Section 18 or Section 110A provides that security of provisional assessment of release of the goods shall necessarily means on such conditions. The terms and condition are required to maintain a balance between the prejudice being caused to the appellant and securing the interest of Revenue adequately. For provisional release, Customs (Provisional Duty Assessment) Regulations, 2011 provides condition for allowing provisional release and Regulation 2 provides for conditions of provisional release - At this stage, it cannot be decided that the appellant has resorted to undervaluation or not. Or the Revenue is correct to assess provisionally on the basis of the Load Port invoice. Therefore, the determination of value would be done at the time of final assessment/adjudication. In these circumstances, directing to execute bank guarantee or revenue deposit, for redemption fine or fine in the facts and circumstances is harsh. Therefore, impugned order is modified to the extent that the impugned goods be allowed to release provisionally on execution of provisional duty cum provisional release bond equal to the re-determined value as per Annexure and on payment of duty on declared value plus 20% of the duty on differential amount - The impugned goods to be released within 7 days after compliance of the above said conditions The order is modified accordingly - Appeal disposed of.
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