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2019 (5) TMI 1716 - CESTAT AHMEDABADProvisional release of goods - mis-declaration of goods - appellant has declared as base oil whereas the department’s contention is that it is a HSD - HELD THAT:- The submission of the Ld. Counsel regarding the fact that as per IS specifications 1460:2005 in respect of HSD, it provides 21 specifications whereas the testing was done only in respect of 14 out of 21 specifications. This appears to be very vital discrepancy in conducting the test. However, at this stage, we do not incline to make any observation as regard the merit of the case. As regard the quantum of condition for release of the goods for re-export, we find that once the goods is re-exported the custom duty, if any, stand neutralized, therefore, to secure the interest of Revenue particularly in this case where the goods have to be re-exported, the quantum of bank guarantee decided by the Commissioner is exorbitant. As the SCN was issued, the quantum of duty as per revenue was worked out to ₹ 5,15,61,820/- hence the appellant is required to furnish Bank guarantee of ₹ 1,29,00,000/- i.e. 25% of duty. The appellant needs to execute the bond for 100% of the value of the goods. Appeal allowed - decided in favor of appellant.
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