Delay in Provisional Assessment of Bills of Entries Assessment of Bills of Entries for clearance of goods were filed long back Respondents were alleged to have taken no steps for provisional assessment Held that:- apparent that there was enormous delay in processing Bills of Entry Delay in performance of statutory duties, renders remedy provided by statute illusory Central Board of Excise and Customs (C.B.E. & C.) to inquire into matter as to why there was delay at level of Commissioners in processing such like cases Petition disposed of.
Execution of Bank Guarantee Release of goods Petitioner challenges calculation which relates to execution of bank guarantee for provisional release of goods Petitioner was willing to furnish bank guarantee equivalent to 30% of differential value of duty calculated by respondent Held that:- Supreme Court in Commissioner v. Navshakti Industries Ltd. [2011 (5) TMI 149 - SUPREME COURT] directed provisional release of subject goods based on condition that security in form of bank guarantee equivalent to 30% of differential duty be furnished In present case, vide impugned order value of bank guarantee stipulated was 1.75 times differential rate of duty Said condition was clearly onerous and burdensome Thus petitioner to furnish bank guarantee in sum equivalent to 30% of differential duty Petition disposed of Decided in favour of Petitioner.
