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2016 (4) TMI 924 - CESTAT NEW DELHI

2016 (4) TMI 924 - CESTAT NEW DELHI - TMI - Provisional release of seized aircrafts - Section 110A of Customs Act, 1962 - Aircrafts originally imported and assessed provisionally to duty - Assessment and duty liability are yet to be finalized by the authorities even after 5 years of original import.

Held that:- the appellants sold these aircrafts to foreign buyers. These aircrafts left India and were brought back again on lease agreement. The present seizure and provisional release is .....

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ng similar set of facts reported in in [2016 (3) TMI 558 - CESTAT CHENNAI]. Accordingly, the orders for provisional release to the extent of reducing the bank guarantee to 20% of the duty liability as fixed and ordered by the original authority is modified, Bond will be for full value of the aircrafts. - Appeal disposed of - Customs Appeal No. 53161, 53628 & 53992 of 2015 - Final Order No. 51235-51237 /2016 - Dated:- 31-3-2016 - MS ARCHANA WADHWA, MEMBER (JUDICIAL) AND MR. B RAVICHANDRAN, MEMBER .....

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re assessed provisionally and released. As per the information now submitted, the assessments were yet to be finalized. Later, the appellants sold the aircrafts to foreign company and again the same were brought back to India on lease agreement. As no shipping bill at the time of export, bill of entry at the time of re-import were filed after the sale of these aircrafts, they were seized by the customs authorities as these aircrafts were appeared to be liable for confiscation under section 113(h .....

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tted that the conditions imposed for provisional release of the aircraft are onerous and requires modification. The learned Counsel emphasized that these aircrafts were originally imported and proper bills of entry were filed; and were provisionally assessed and released by the customs authorities. As per the financial arrangement the appellants later sold these aircrafts and re-leased them for use in India. Even if it is accepted that movement of aircrafts constitute export and re-import, the l .....

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s. Vide Final Order No. 40314 /2016 dated 23.2.2016, the Tribunal modified the provisional release order reducing the bank guarantee to about 20% of the amount fixed by the original authority. Learned Counsel prayed for adopting similar ratio in the present appeals also. 4. Learned AR contested the appeals and explained that the appellants did not act in a bonfire manner. They are involved in similar violations in respect of other aircrafts also. In some of the transactions, they have not disclo .....

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eals are only against the provisional release orders issued by the competent authority in terms of section 110A of the Customs Act. We find that these aircrafts were originally imported and assessed provisionally to duty. It is an admitted fact that the assessment and duty liability are yet to be finalized by the authorities even after 5 years of original import. No details are forthcoming about the nature and status of inquiry, if any, and reason for delay of so many years in finalizing these a .....

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