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2018 (7) TMI 1395

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..... , 50461 & 50462/2018 - C/A/52473/2018-CU[DB] - Dated:- 5-7-2018 - MR. ANIL CHOUDHARY, MEMBER (JUDICIAL) And MR. C.L. MAHAR, MEMBER (TECHNICAL) For the Appellant: Sh. Priyadarshi Manish, Adv. For the Respondent: Sh. Rakesh Kumar, DR ORDER PER ANIL CHOUDHARY: Heard both the parties on the modification application (C/ROM/50461/2018) for modifying the Interim Order dated 18.05.2018 wherein this Tribunal directed the Appellants to make the pre-deposit, subject to which the appeal to be listed for final hearing. 2. The learned counsel for the Appellants states that, since in the present case the impugned order did not confirm any duty demand nor imposed any penalty, the Interim Order dated 18.05.2018 needs to be modi .....

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..... IGM No. Date Declaration of Goods as in IGM Container No. B/L No. Date B/E No. Date Date of Examination by DRI Goods found on Examination Value of Goods declared in B/E (AV) in INR Seizure Date Seizure Value 1. 2145356 dt 25.08.16 LED Panel OOLU9183698 OOLU2576379090 dt.8.8.16 B/E Not filed 17.09.16 LED TV Panel N.A. 12.01.17. 40,47,840 2. 2145356 dt.25.08.2016 .....

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..... B/E not filed 07.12.16 Panels for LED TV N.A. 28.01.17 51,01,000 10. In the month of August, 2016, six containers reached ICD in the course of transit to SEZ at Pithampur. The DRI, on the basis of specific intelligence, intercepted the containers loaded with various electronic goods like LED TV etc. The said goods were examined at ICD, Pithampur, during the period September to December, 2016. As per the Revenue, the ascertained value was higher than the declared value in the Bill of Entry with respect to three containers. The same is as under : S.No. Container No. B/E NO. Date .....

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..... on of Bond is concerned, the same is upheld and not modified. 2. So far as duty demanded on the enhanced value of ₹ 82,82,550/- is concerned, the same is directed to be paid on provisional basis, subject to final assessment. 3. So far as condition of Bank Guarantee is concerned, the same is to be furnished for an amount of ₹ 15 lacs. Subject to fulfillment of the aforementioned modified conditions and filing of compliance report before the concerned Customs authorities, the goods shall be released provisionally within three days. 12. So far as the goods in other three containers is concerned, the learned counsel states that earlier they moved the Hon ble Madhya Pradesh High Court in Writ Petition wherein they have pr .....

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