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2016 (9) TMI 174 - CESTAT MUMBAI

2016 (9) TMI 174 - CESTAT MUMBAI - TMI - Demand of differential duty - Section 110A of the Customs Act, 1962 provisional release of goods execution of bond security in the form of bank guarantee equal to 25% of value of seized goods seeking of provisional release on the basis of bond and bank guarantee only Held that: - provisional release of the goods is allowed on execution of Bond for the value of the goods and on furnishing a Bank Guarantee only in case where matter is pending for .....

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- Appeal No. C/86550 & 86551/16 - Order No. A/89509-89510/16/CB - Dated:- 26-8-2016 - Shri Ramesh Nair, Member (Judicial) And Shri Raju, Member (Technical) Ms. L.S. Phadke, Advocate with Mr. Arun K Gunashekharan, Advocate for Appellant Shri M.K. Sarangi, Jt. Commissioner (AR) for Respondent ORDER Per Ramesh Nair These appeals are filed by the appellant challenging the order of the Commissioner of Customs dated 04.05.2016 communicated by the Dy. Commissioner of Customs, wherein the appellants .....

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ained value of seized goods. 2. Ms. L.S. Phadke, learned Counsel along with Shri Arun K Gunashekharan, Advocate appeared on behalf of the appellant. She submits that for the provisional release, the appellants have been asked to pay differential duty as per Section 110A of the Customs Act, 1962. The seized goods should be released on execution of Bond for full value of the goods and on furnishing Bank Guarantee equivalent to 25% of the value of the seized goods. She submits that for provisional .....

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hi Siddhi Collection 2014 (310) ELT 618 (Tri-Mum). 3. On the other hand, Shri M.K. Sarangi, learned Jt. Commissioner (AR) appearing on behalf of the Revenue submits that the Bill of Entry has been assessed with the enhanced value/duty. Therefore, there is no option to avoid the payment of duty as assessed by the assessing authority. He submits that the provisional release under Section 110A on the Bond of value of the goods and 25% of the Bank Guarantee is permitted only in a case where duty is .....

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both sides, we find that the appellant is seeking provisional release only on Bond and 25% of the Bank Guarantee without payment of differential duty by interpreting Section 110A of the Customs Act, 1962, which is reproduced below: - Provisional release of goods, documents and things seized pending adjudication. - Any goods, documents or things seized under section 110, may, pending the order of the adjudicating authority, be released to the owner on taking a bond from him in the proper form wi .....

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