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2016 (9) TMI 174

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..... goods and Bank Guarantee of 25% is required. After the assessment of the Bill of Entry, the release cannot be allowed without payment of duty as assessed in the Bill of Entry in addition to execution of Bond for the full value of the goods and furnishing of Bank Guarantee for 25% - conditions imposed for provisional release upheld – appeal disposed off – decided against appellant. - 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 .....

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..... 13 (289) ELT 243 (Del). (d) Printwell Offset Vs. UOI 2016 (336) ELT 606 (Guj). (e) Nhaiya Fibres Ltd. 2012 (281) ELT 396 (Del). (f) Vipul Overseas Pvt. Ltd. 2006 (203) ELT 366 (Del). (g) Ridhi 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 yet to be determined. Therefore, the .....

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..... termined the differential duty. In such case, Section 110A shall not apply, but Section 125 shall apply, according to which the assessee can take the release of the goods on payment of duty. Since confiscation of the goods has not yet concluded, therefore, the Bond for full value of the goods and Bank Guarantee of 25% is required. After the assessment of the Bill of Entry, the release cannot be allowed without payment of duty as assessed in the Bill of Entry in addition to execution of Bond for the full value of the goods and furnishing of Bank Guarantee for 25% as ordered by the learned Commissioner. 4.2 As regards the judgment cited by the learned Counsel, we find that in all the cases, the fact remains that the duty, if any, involved .....

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