Home Case Index All Cases Customs Customs + AT Customs - 2017 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (10) TMI 1138 - AT - CustomsProvisional release of seized goods - Section 110A of the Customs Act, 1962 - case of the revenue is that as Swatch Group (India) Pvt. Ltd, the importer has cleared the watches by declaring RSP which is less than the RSP at which the appellants are selling the watches, therefore, M/s Swatch Group (India) Pvt. Ltd has misdeclared the value of the impugned goods - Whether in the facts and circumstances in the case, the goods can be released to the appellant being owner of the goods or not? - Held that: - From the documents produced, it is clear that the appellant is the owner of the impugned goods - the goods are required to be released to the owner of the goods - decided in favor of appellant. Whether conditions imposed for provisional release are harsh to the appellant, if so, what should be the conditions for provisional release? - Held that: - in case of Kuber Casting (P) Ltd. V/s Union of India [2013 (9) TMI 784 - PUNJAB & HARYANA HIGH COURT] the Hon’ble High Court after examining the issue held that the bank guarantee of 30 per cent of the value of the goods seized is harsh condition to the appellant and thereafter the Hon’ble High Court direct to pay the differential duty and on payment of the differential duty, the Adjudicating Authority was directed to release the goods to the appellant - the appellant directed to pay the differential duty of ₹ 21,78,906/- on the seized goods for release of the goods provisionally. Appeal allowed in part.
|