TMI Blog2015 (2) TMI 262X X X X Extracts X X X X X X X X Extracts X X X X ..... stage, it cannot be decided that the appellant has resorted to undervaluation or not. Or the Revenue is correct to assess provisionally on the basis of the Load Port invoice. Therefore, the determination of value would be done at the time of final assessment/adjudication. In these circumstances, directing to execute bank guarantee or revenue deposit, for redemption fine or fine in the facts and circumstances is harsh. Therefore, impugned order is modified to the extent that the impugned goods be allowed to release provisionally on execution of provisional duty cum provisional release bond equal to the re-determined value as per Annexure and on payment of duty on declared value plus 20% of the duty on differential amount - The impugned goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods, nor is in issue any amount of fine or penalty imposed. (b) No determination of any question having a relation to the rate of duty of Customs, or to the value of goods for purpose of assessment, is in issue or is one of the points in issue. (c) The differential duty involved is not exceeding Rs. 50 lakhs. 4. He also submits it is not the issue that whether the value declared can be relied upon or not. Whether the same was inflated by the supplier to obtain excessive export benefit whether the declared export value is correct or not. This is to be determined at the final assessment and are not to be decided by way of this appeal. Therefore, he submits that as there is no question relating to rate of duty or the value of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Trading (supra) the Apex Court was pleased to consider the scope of Section 129C(4) on the question whether the CESTAT Member Singly could have heard the appeal before it and it was held the controversy relates to the meaning to be given to the expression determination of any question having a relation to the rate of duty of Customs or to the value of goods for purpose of assessment; and it was held that the phrase relation to is ordinarily of wide import but in the context of its use in the said expression in Section 129C(4) it must be read as meaning a direct and proximate relationship to the rate of duty and to the value of goods for the purpose of assessment. Same view was taken by the High Court, in the case of Videocon Inds. (supra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, goods imported under bill of entry mentioned hereinabove were seized by the department on 5-12-2013 alleging misdeclaration of value and impugned order was passed for provisional release with terms and conditions mentioned hereinabove in para 1. 10. The ld. counsel for the appellant submits that the appellant is not contesting the provisional re-determined value as the same would be considered at the time of final assessment. The appellant is challenging only the harsh condition imposed by the concerned authority which needs to be modified in the facts and circumstances of the case. As in the interest of department, the bond would be sufficient to secure the interest of Revenue. He also submitted that pending enquiry a proper officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfluence the provisional release of the consignment of Aisha Electronics, who is the other petitioner before the Hon ble High Court. Therefore, he submits that condition of provisional release are not harsh. 12. Considered the submission made by both sides on merits. 13. I find that there is no need to go to the aspect whether the seizure was warranted or not, when the issue is only provisional assessment. Neither Section 18 or Section 110A provides that security of provisional assessment of release of the goods shall necessarily means on such conditions. The terms and condition are required to maintain a balance between the prejudice being caused to the appellant and securing the interest of Revenue adequately. For provisional releas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... % of the provisional duty. 14. At this stage, it cannot be decided that the appellant has resorted to undervaluation or not. Or the Revenue is correct to assess provisionally on the basis of the Load Port invoice. Therefore, the determination of value would be done at the time of final assessment/adjudication. In these circumstances, directing to execute bank guarantee or revenue deposit, for redemption fine or fine in the facts and circumstances is harsh. Therefore, impugned order is modified to the extent that the impugned goods be allowed to release provisionally on execution of provisional duty cum provisional release bond equal to the re-determined value as per Annexure and on payment of duty on declared value plus 20% of the duty o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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