TMI Blog2019 (8) TMI 1541X X X X Extracts X X X X X X X X Extracts X X X X ..... ive regarding that the price declared by the appellant for similar imports, the Custom House is assessing the goods on declared price even now belonging to the other importers. Learned Advocate has also submitted that the consignment has been finally assessed by the assessing officer in terms of the provision of section 17 of Customs Act, 1962 and the consignments have been released. The department has not given any data on the alleged enhancement of declared price to the appellant. We have also considered the letter dated 19.07.2019, filed by the learned Departmental Representative. The letter has not cited any evidence of higher contemporaneous import price of the imported goods under question. In absence of contemporary import price o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for 10% of the redetermined value (ascertained determined value being ₹ 7,20,27,903/-). d. Submission of Bank Guarantee for 10% of the estimated differential duty amount (ascertained estimated differential duty amount being ₹ 1,06,02,723/-). 2. The order of the Commissioner was passed in pursuance of order passed by Hon ble High Court at Calcutta in Writ Petition No.1912 (W) of 2019. The operative portion of the Hon ble High Court s order is reproduced as under:- In such circumstances, it would be appropriate to direct the authorities to consider and decide the application made under Section 110A of the Act of 1962 as expeditiously as possible and preferably within a period of fortnight from the date of communicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accepted without insisting for any bank guarantee. 5. Learned Authorized Representative for the Respondent Revenue, however, supports the impugned order and submits that the provisional release of the goods has been done as per the provisions of Customs Act and procedure on the ground that the Directorate of Revenue Intelligence was investigating the matter of under-valuation of import made by the appellant in respect of the imported items, which have been detained by the Customs. The learned Departmental Representative also provided the copy of office Note dated 19.07.2019 justifying the release of the seized goods including Bank guarantee placing reliance of the provisions of section 110A of the Customs Act, 1962 read with para 2.1, 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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