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2015 (10) TMI 831 - KERALA HIGH COURTWaiver of pre-deposit - Dispute regarding deposit of Bank guarantee – Judgment held earlier directs petitioner to give a Bank Guarantee for 20% of the differential duty – Petitioner contends that all necessary documents with full information as per the statutory provisions certified by the Sri Lankan authorities have been produced and there cannot be any doubt regarding the origin of goods –Further held that condition for providing Bank Guarantee is unreasonable and arbitrary – Revenue supported the stand taken by the Commissioner of Customs on imposing the condition of bank guarantee and cited the case of Mohammed Fariz and Co. v. Commissioner of Customs [2011 (3) TMI 1338 - KERALA HIGH COURT] in support. Held That:- Direction to call upon the petitioners to furnish Bank Guarantee/Cash deposit to the extent of 35% or 20% of the differential duty will be too harsh - Petitioners shall be permitted to release the goods covered on condition of their executing Indemnity Bond agreeing and undertaking to pay the amount of differential duty imposed by the Customs authorities while making the final assessment, instead of Bank Guarantee – Order modified in favour of the Petitioner.
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