TMI Blog2007 (12) TMI 330X X X X Extracts X X X X X X X X Extracts X X X X ..... mentioned in the petition upon the Petitioner depositing an amount equivalent to 20% of the difference in the provisional duty as sought to be assessed by the Respondent and on the basis of the value prima facie determined by the Respondent, that is US$ 1640/PMT and the value declared by the Petitioner, that is between US$ 870/PMT and US$ 1000/PMT - Petitioner should not be permitted to dispute the identity of the goods once they are provisionally released in terms of order - 8787 of 2007 - - - Dated:- 19-12-2007 - Madan B. Lokur and S. Muralidhar, JJ. REPRESENTED BY : S/Shri Neeraj Kishan Kaul, Sr. Advocate with Piyush Kumar and Ms. Shikha Sapra, Advocates, for the Appellant. Shri Rajeeve Mehra, CGSC, for the Respondent. [O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt) Regulations, 1963. Regulation 2 thereof reads as follows :- REGULATION 2. Conditions for allowing provisional assessment. - Where the proper officer on account of any of the grounds specified in sub-section (I) of Section 18 of the Customs Act, 1962 (52 of 1962), is not able to make a final assessment of the duty on the imported goods or the export goods, as the case may be, he shall make an estimate of the duty that is most likely to be levied hereinafter referred to as the provisional duty. If the importer or the exporter, as the case may be, executes a bond in an amount equal to the difference between the duty that may be finally assessed and the provisional duty and deposits with the proper officer such sum not exceeding twenty p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... varan Bhavan C.G.O. Complex, Lodhi Road New Delhi - 110003 (Tel. No. 011-24364713 . Fax No. 011-24362669) D.R.I.F. No. 23/76/2007-DZU/8619 24th October, 2007 To, M/s Bhaiya Fibers Ltd., 3007, Bahadur Garh Road, Saini Building, 2nd Floor, New Delhi - 110006. Sub : Provisional Release of seized goods - reg. Please refer to your letter - dated 16-10-2007 on the above subject matter. In this regard I am directed to inform you that your request for provisional release of the seized goods has been accepted on the following conditions : (1) Payment of differential duty i.e. difference between the duty calculated at provisional value of US$ 1640/PMT and duty paid at the declared value of US$ 870/PMT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the owner on taking a bond from him in the proper form with such security and conditions as the Commissioner of Customs may require. 11. Learned Central Government Standing Counsel submits that there is a distinction between provisional release of goods and provisional assessment of goods. We find that both are the same in substance, because provisional release of goods cannot be effected without a provisional assessment of goods. Even if the Respondent is able to show that it has acted in accordance with law, it would really make no difference because the principles laid down by the Customs (Provisional Duty Assessment) Regulations, 1963 would nevertheless be binding for provisional clearance of the goods in the absence of any other m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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