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2015 (5) TMI 524 - AT - CustomsConfiscation of goods - provisional release of goods - Furnishment of bank guarantee - whether the conditions imposed for withdrawal of seized goods attempted to export and for probable imposition of fine and penalty are harsh and arbitrary - Held that:- In the present case, overvaluation of 500% has been alleged. Further, no provisional assessment is resorted. It is observed that the appellant have not been co-operating with the department and have been avoiding summons and have not provided necessary information required to process the case. Once attempt to export is made after gross overvaluation and later appellant have come forward to withdraw consignments, intention to defraud revenue are prima facie indicated. It is further observed that the Commissioner (Appeals) has already taken excessive lenient view and has reduced bank guarantee from 25% of the FOB value of the goods to 15% of the FOB value of the goods. In these circumstances, there is no justification to consider any further modification relating to furnishing of Bank Guarantee. In the circumstances when consignment has been allowed to be withdrawn, reduction in bank guarantee was not justified. Since over valuation of attempted export is alleged, sufficient security has to be ensured for imposition of sufficient fine an penalty to discourage this type of attempt. - no force in appellant's request to further modify of Commissioner (Appeals)'s order - Decided ahainst assessee.
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