TMI Blog2019 (3) TMI 1341X X X X Extracts X X X X X X X X Extracts X X X X ..... not in a position to say whether 110(2) extension has been granted or not. However, since appellant have been pursuing with regard to modification of order of provisional release of the seized goods we agree to the prayer made with respect to the terms and conditions - Bank guarantee equivalent to 100% of differential duty and probable redemption fine and penalty cannot be justified, even to the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nk guarantee from ₹ 18,94,220/- + ₹ 5,68,266/- to ₹ 12,00,000/- + ₹ 4,00,000/-. 2. Facts of the case are that appellant had imported a the consignment of LED monitors declaring them to be LED monitors for computer screen . However, Revenue was of the opinion that these were television monitors. After consulting chartered engineers and taking his opinion Revenue proceede ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... initiating proceedings under Section 124 of Customs Act, 1962 has been issued to them. Hence goods should be released to them unconditionally in terms of Section 110(1) Section 110(2). 5. Arguing for the Revenue Ld. AR submitted that the issue in the Appeal is provisional resale of the gods. The fact that no notice has been issued or extension has not been granted under Section 110(2) or not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have been pursuing with regard to modification of order of provisional release of the seized goods we agree to the prayer made with respect to the terms and conditions. Bank guarantee equivalent to 100% of differential duty and probable redemption fine and penalty cannot be justified, even to the extent as modified by the Commissioner(Appeals). Accordingly, we modify the terms as have been held b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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