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2019 (8) TMI 1541 - CESTAT KOLKATAProvisional release of seized goods - under-valuation of import made by the appellant - enhancement of value of goods - section 110A of the Customs Act, 1962 read with para 2.1, 2.2 and 2.3 of the Circular No.35/2017- Customs dated 16.08.2017 - HELD THAT:- The provisional release order has not given any grounds for enhancing the value and insisting for the bank guarantee of such a huge amount. The issue pertained to import of the various items by the appellant during the aforesaid period. It is the contention of the appellant, which has not been refuted by the learned Authorized Representative regarding that the price declared by the appellant for similar imports, the Custom House is assessing the goods on declared price even now belonging to the other importers. Learned Advocate has also submitted that the consignment has been finally assessed by the assessing officer in terms of the provision of section 17 of Customs Act, 1962 and the consignments have been released. The department has not given any data on the alleged enhancement of declared price to the appellant. We have also considered the letter dated 19.07.2019, filed by the learned Departmental Representative. The letter has not cited any evidence of higher contemporaneous import price of the imported goods under question. In absence of contemporary import price of any higher value, the department cannot insist on appellant to give bank guarantee. But to be fair with the appellant as well as with the Revenue, we direct the appellant to furnish bond for the provisional release of the seized goods as per the value indicated by the Commissioner backed by the bank guarantee of ₹ 15,00,000/-. Appeal allowed.
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