TMI Blog2019 (12) TMI 1070X X X X Extracts X X X X X X X X Extracts X X X X ..... gnment the same has not been mentioned in the provisional release of the order. The Appellant is agreed upon, that the conditions set forth for the provisional release is very harsh and not in conformity with the findings of the various case laws - The Appellant has already deposited a sum of ₹ 40 Lakhs with the Department, which should be sufficient for the provisional release of the seized goods The seized goods released - appeal allowed - decided in favor of appellant. - Customs Appeal No. 52167 of 2019 - FINAL ORDER NO. 51671/2019 - Dated:- 23-12-2019 - HON BLE MR. BIJAY KUMAR, MEMBER (TECHNICAL) AND HON BLE MS. RACHNA GUPTA, MEMBER (JUDICIAL) Ms. Anjali Manish, Advocate for the appellant Shri Sunil Kumar, Aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bill of Entry No. 3959788 dated 06.07.2019 for clearance thereof. The importer has classified the imported goods under Customs Tariff Heading 2306 5090 and paid basic customs duty at the rate of 15%, Social Welfare Surcharge at the rate of 10% and IGST at the rate of 5%. Acting on the intelligence the customs officer anticipated the said consignment and came to the conclusion that the product is not defatted coconut power desiccated coconut and are thus classifiable under Customs Tariff Item 0801 1100 and leviable to basic customs duty (for short BCD ) at the rate of 70%, SWS at the rate of 10% and IGST at the rate of 5%. The goods were examined by the Custom Officer on 15.07.2019 and samples were drawn and sent for test to Central Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1497004 4 3959788/ 06.07.2019 Defatted coconut powder 26.5 2458339 548824.1 2110484 1561660 Total 10014852 2453433 85,97,750 61,44,318 4. The statement of Proprietor of the firm, Shri Rinku Jain were obtained by the Customs Department who admitted the classification of the consignment of defatted coconut power to be mis-declared with intent to evade the payment of customs duty. And he also paid a sum of ₹ 10 la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bank guarantee of 20% of differential customs duty to the suffice the conditions for provisional release. 8. Learned Advocate also placed reliance on the following decisions; (a) Bhaiya Fibres vs. Additional Director General Revenue [2012 (281) ELT 396 (Del.)] (b) Zest Aviation Private Limited vs. Union of India [2016 (289) ELT 243 (Del.)] (c) Sprirotech Heat Exchange Private Limited vs. Union of India [2016 (341) ELT 110(Del.)] (d) Agya Import Limited vs. Commissioner of Customs, NCH, New Delhi [CUSAA-184/2018.] 9. It is his submission that in all these cases Hon ble Delhi High Court has held that in case of valuation disputes the bank guarantee worth 15% to 30% would suffice the revenue interest depending on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lease of the order. We have also considered the various case laws cited by the Appellant regarding the provisional release of the seized goods, including M/s Agya Import Limited (supra). We, therefore, are in agreement with the submission made by the Appellant that the conditions set forth for the provisional release is very harsh and not in conformity with the findings of the various case laws. The Appellant has already deposited a sum of ₹ 40 Lakhs with the Department, which in our opinion should be sufficient for the provisional release of the seized goods, keeping in view the other conditions unmodified, we direct that release of the seized goods should be granted forthwith. (Order pronounced in open court on 23.12.2019) - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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