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2020 (7) TMI 326 - AT - CustomsValuation of imported goods - Provisional release of goods - Plain White Papers in Rolls - enhancement of value without any basis - HELD THAT:- Though the DRI has seized the goods for the reason that goods were undervalued but no documentary evidence shows that from where the value was adopted as against the value declared by the appellant. Since the case is under investigation, we do not want to comment whether enhancement of value is legal or illegal. However, considering the various judgments and facts of the present case, we find that terms of bank guarantee fixed by learned Principal Commissioner at ₹ 1.6 Crore is very excessive as against the total differential duty involved ₹ 59 Lakh approx. - the goods were seized on the basis of prima facie nature of the case of undervaluation and detailed investigation is yet to be carried out. Terms and condition of bank guarantee - HELD THAT:- There cannot be a fixed criteria for the amount of security to be given along with bond for provisional release of goods and it varies from facts of each case. Therefore, considering the overall facts and circumstances of the present case, we are of the view that ends of justice will be met if the appellant execute bond of 100% value of the goods and bank guarantee for 100% of differential duty amount. Appeal allowed.
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