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2022 (6) TMI 1342

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..... cle shall not be further encumbered or alienated pending disposal of the adjudication. The beneficial owner shall pay 50% of differential duty out of Rs.60,13,920/- and execute bank guarantee in respect of other 50% and shall keep it renewed and valid till final adjudication of case, or in the event of non-renewal of Bank Guarantee as above, the guaranteed amount be credited to the Government account by the bank on its own as prescribed in para 5 of the Circular No.35/2017-Customs dated 16.08.2017 - Shall execute a bond of Rs.29,48,000/- with an undertaking that they shall pay the duty, fine and/or penalty as may be adjudged by the Adjudicating Authority subject to appellate provisions under the Customs Act, 1962 as prescribed in para 5 .....

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..... ms Act, 1962. It is contended that subsequent to the seizure, there has been a provisional order passed releasing the vehicle. However, the terms imposed are harsh and arbitrary and requires to be set aside. The order of release is subjected to the following terms:- ORDER I hereby order to release the vehicle Range Rover bearing registration No.PB36H0900 provisionally under Section 110A of the Customs Act, 1962 subject to fulfillment of following conditions:- 1. The beneficial owner shall pay the differential duty amounting to Rs.60,13,920/- (Rupees Sixty Lakhs Thirteen Thousand Nine Hundred and Twenty Only). 2. Execute a Bond for Rs.29,48,000/- (Rupees Twenty Nine Lakhs Fourty Eight Thousand only) with an undertaking .....

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..... on 110A of the Customs Act, 1962 bearing Order No. 06/PR/OS/2021 bearing S/26-Misc-1195/2021-22/Grp.5B JNCH dated 29.12.2021 issued by the respondent No.3 is modified as follows:- (i) The beneficial owner shall pay 50% of differential duty out of Rs.60,13,920/- and execute bank guarantee in respect of other 50% and shall keep it renewed and valid till final adjudication of case, or in the event of non-renewal of Bank Guarantee as above, the guaranteed amount be credited to the Government account by the bank on its own as prescribed in para 5 of the Circular No.35/2017-Customs dated 16.08.2017. (ii) Shall execute a bond of Rs.29,48,000/- with an undertaking that they shall pay the duty, fine and/or penalty as may be adjudged by the Adj .....

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