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2020 (9) TMI 133 - AT - CustomsProvisional assessment - onerous condition of furnishing 100% bank guarantee on the Appellant for the differential duty amount - Classification of imported goods - carbonated fruit drinks such as Big Cola, Big Orange Cola, Big-lemon and other similar products - whether classifiable under Tariff Item 2202 99 20 of the Customs Tariff Act, 1975? - applicability of Sl.No.48 under schedule 2 as “Fruit Pulp or Fruit Juice based drinks” in Notification No.1/2017-Integrated Tax (Rate) dated 28.06.2017 - HELD THAT:- The Appellant’s products are seasonal and competitive in market. As pointed out by the counsel for the Appellant, already substantial part of the season has been lost by the appellant due to the inability to comply with the conditions of provisional assessment put forth by the department, particularly the furnishing of 100% Bank Guarantee. Once the assessment of the identical products has already been decided by the Commissioner (Appeals) in favour of the appellant vide the OIA dated 08.06.2020, I see no justification in ordering to furnish 100% Bank Guarantee. Revenue is directed to allow the import of consignments of the Appellant without insisting on any Bank Guarantee with immediate effect. The respondent Revenue is expected to adhere to this order in letter and spirit, without causing any further loss of business to the Appellant - appellants shall be permitted to release the goods on condition of their executing Indemnity Bond agreeing and undertaking to pay the amount of differential duty as may be imposed on them by the Customs authorities while making the final assessment, instead of bank guarantee. Appeal allowed.
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