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2020 (7) TMI 427 - AT - CustomsProvisional release of imported seized goods - appellant’s grievance is that the terms of provisional release are very harsh and the goods may be allowed to be provisionally released only on furnishing of bond on payment of differential duty and without any bank guarantee - HELD THAT:- The differential duty against the bills of entries Nos. 7740144 dated 22.08.2018 and 8549092 dated 22.10.2018 has been worked out and indicated in the show cause notice to ₹ 6,56,589/-. Also the appellant have already given bank guarantee of ₹ 13,69,682, however the same is against other bills of entries. But, since the adjudication to take place combinedly in respect of all the bills of entries including the present two bills of entries, the said bank guarantee amount can be adjusted against overall demand of penalty and fine, if any, imposed at the time of adjudication. The merit of the case is undervaluation of import goods which needs to be established beyond doubt. However, at the present stage, it is premature to opine on the conclusion of the merits of the case - the justice will be done if the appellant deposit principal duty at the time of clearance of the goods and furnish a bond of ₹ 99,66,273/- with bank guarantee of ₹ 4,00,000/- with auto renewal clause. Appeal allowed in part.
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