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TMI Blog2015 (12) TMI 1637X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent. ORDER [Order per : C.J. Mathew, Member (T)]. - The facts relating to the appeal before us is that M/s. Truwoods Pvt. Ltd. had imported three consignments of wood veneers through Vishakhapatnam Port vide Bills of Entry No. 300099/11-2-2000, 300100/11-2-2000 and 300102/11-2-2002 with a declared value of Rs. 8,79,321 and the consignments were allowed to be cleared on provisional assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eemed on payment of fine which could have been recovered by enforcement of bond executed by the importer at the time of provisional assessment. 3. Admitting that goods are not available for confiscation, Revenue relies upon the decision of the Hon'ble Supreme Court of India in Weston Components v. Commissioner of Customs, New Delhi [2000 (115) E.L.T. 278 (S.C.)] to justify the proposal for c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the unfairness that may have otherwise derived. Implicit in the option to redeem the goods is the physical availability of the goods; implicit in the option is the choice to pay the fine. Even with the goods being available for confiscation, the importer may choose not to exercise that option. The fine that has been fixed would remain merely a potential flow of money into the coffers of the Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods in lieu of fine. 5. In the present matter, it would appear that the appeal confuses provisional release of seized goods with provisional assessment. Provisional assessment under Section 18 of Customs Act, 1962 is subject to furnishing a bond and appropriate security for payment of differential duty. That provision of the Customs Act, 1962 does not envisage any other condition for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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