Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
CGST - Acts + GST Rates GST Ntf. GST Forms GST - Manual GST - FAQ State GST Acts SGST Ntf. I. Tax Manual
Extracts
Home List
← Previous Next →

M/s Vishal Collection, M/s Shukra Enterprises Versus Commissioner of Customs (NS-V) , Nhava Sheva

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 adjudication. - Since confiscation of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r 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 were allowed to take the provisional rele .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 release the differential duty should not .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 requ .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s 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 with such security and conditions as the ad .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version