TMI Blog2018 (9) TMI 589X X X X Extracts X X X X X X X X Extracts X X X X ..... we are of the opinion that the condition imposed i.e. bank guarantee for 200% of differential duty is very harsh - appeal allowed in part. - Appeal No. C/12036/2018/DB - A/11832/2018 - Dated:- 30-8-2018 - MR. RAMESH NAIR, MEMBER (JUDICIAL) And MR. RAJU, MEMBER (TECHNICAL) For Appellant: Shri Hardik Modh (Advocate) For Respondent: Shri S.N. Gohil (AR) ORDER Per: Ramesh Nair ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... At this stage it is not correct to presume that the differential value and duty determined by Investigating Agency i.e. DRI is final and on that basis the harsh condition for provisional release i.e. 200% of the differential duty is not proper and legal. On prima facie it is very strong case in favour of appellant. He submits that the DRI has taken the price of the goods on the basis of contract b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its that as per Board Circular No.35/2017-Cus dated 16.08.2017 as per para 2.3 the amount of security deposit in case of provisional release can be decreased and increased depending on the specific nature of the case therefore, as per the facts of the present case the condition of bank Guarantee for 200% of the differential duty is very harsh. 4. Sh. S.N. Gohil Ld. Superintendent (AR) appearing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... situation it cannot be conclusively said that the enhancement of the value proposed by DRI is correct, at the same time it can also not to be concluded that price declared by the appellant is also correct, therefore taking their balance we are of the opinion that the condition imposed i.e. bank guarantee for 200% of differential duty is very harsh. We have also gone through the judgment cited by L ..... X X X X Extracts X X X X X X X X Extracts X X X X
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