TMI Blog2022 (3) TMI 955X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 29.11.2021 is modified by striking off condition No.3 . Insofar condition No.1 is concerned, petitioner shall deposit 50% of the duty amount mentioned therein by way of cash / demand draft and the remaining 50% shall be covered by way of bank guarantee of a nationalised bank. This exercise shall be done within a period of two (02) weeks from the date of receipt of a copy of this order whereaf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner has assailed the legality and validity of order dated 29.11.2021 passed by the 3rd respondent, and further seeks a direction to the respondents for release of the vehicle seized vide Seizure Memo dated 06.08.2021. 3. Without entering into the contentious issues raised in the writ petition, we find that petitioner s vehicle, viz., Toyota Land Cruiser, having Chassis No. JTMHV05J404201401 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt. 6. On 29.11.2021, respondent No.3 passed order of provisional release under Section 110A of the Act. After noting that investigation was still going on and considering the circulars issued by the Central Board of Indirect Taxes and Customs (including the one dated 16.08.2017), respondent No.3 held that the seized good may be provisionally released subject to fulfilment of the following cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed amount be credited to the Government account by the bank on its own as prescribed in para 5 of Circular No.35/2017 Customs dated 16.08.2017. 7. In the hearing held on 03.02.2022, we were prima facie of the view that condition No.3, as extracted above, is not only harsh but unwarranted as well, as condition Nos.1 and 2 can sufficiently protect the interests of the Revenue. Mr. T. Surya Ka ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the duty amount mentioned therein by way of cash / demand draft and the remaining 50% shall be covered by way of bank guarantee of a nationalised bank. This exercise shall be done within a period of two (02) weeks from the date of receipt of a copy of this order whereafter the seized vehicle shall be provisionally released to the petitioner. 11. We clarify that we have not entered into the m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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