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2014 (12) TMI 1270

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..... upon taking a bond from him or her in a proper form - It would be better for the respondent authorities to take security from the writ petitioner in accordance with the regulations, read with the said circular - Department will be free to determine the security to be furnished by the petitioner to cover duty redemption fine etc., but the same should not exceed 25% of the value of the goods - appl .....

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..... enous and have not been imported. 5. Section 110A of the said Act provides that seized goods may be released to the importer provided he or she furnishes, inter alia, security, to the satisfaction of the Customs Officer. 6. In this writ application the writ petitioner challenges the decision of the Commissioner of Customs (Preventive) communicated by a letter dated 31st October, 2014 of an A .....

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..... n, upon taking a bond from him or her in a proper form. The authorities may ask for such security and fulfillment of conditions as they think fit and proper. Now, Para 3.2 (Part 1) of Chapter 17 of the Central Excise Manual Supplementary instructions, read with a circular dated 2nd January, 2003 which is 686/2/2003-CX [P-7 Page 114 of the petition] inter alia, provide that the goods may be release .....

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..... it abundantly clear that the Department will be free to determine the security to be furnished by the petitioner to cover duty redemption fine etc., but the same should not exceed 25% of the value of the goods as mentioned in the above regulation and circular. The entire amount may be secured by the petitioner by a bank guarantee. A bond has also to be furnished in accordance with the above regula .....

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