2010 (8) TMI 339 - AT - Customs

Release of goods - Having regard to the problems associated with the seizure of export goods, it has been decided that except for prohibited/contraband goods, the seized goods should be released provisionally and allowed to be exported on execution of a bond for an amount equivalent to the value of seized goods and probable fine and penalty which might be imposed - no demand of duty or penalty has been made - appellants are specifically directed to execute a bond equivalent to the value of the seized goods and probable fine and penalty which might be imposed - appellants have already made a deposit of Rs. 10 lakhs to safeguard the interest of the Revenue, the order of execution of bank guarantees in both the shipping bills set aside and the appeals are allowed to that extent - goods to be released provisionally on execution of the bond

Summary

Issues:
1. Provisional release of seized goods by Customs Commissioner.
2. Requirement of executing bond and furnishing bank guarantees.
3. Interpretation of Foreign Trade Policy and CBEC Circular.
4. Dispute over the necessity of bank guarantees.

Analysis:
1. The appellants challenged the order of the Customs Commissioner sanctioning the provisional release of their seized goods upon execution of a bond and furnishing of bank guarantees. The appellants, engaged in manufacturing and export, were asked to provide bank guarantees of Rs. 10 lakhs and Rs. 3 lakhs for the release of their goods seized by customs officers.

2. The advocate for the appellants argued that as per the Foreign Trade Policy and CBEC Circular, seized goods should be released provisionally on execution of a bond equivalent to the value of the goods and probable fines, without the necessity of furnishing bank guarantees. The appellants had already executed the required bond and made a deposit of Rs. 10 lakhs. The dispute arose over the demand for additional bank guarantees.

3. The Tribunal examined the relevant provisions of the Foreign Trade Policy and CBEC Circular. It was noted that the Circular emphasized the provisional release of seized goods on the execution of a bond equivalent to the value of the goods and potential fines and penalties. The Circular did not mandate the furnishing of bank guarantees for such provisional release. Therefore, the Tribunal set aside the requirement of furnishing bank guarantees amounting to Rs. 3 lakhs and Rs. 10 lakhs, directing the appellants to execute a bond as per the Circular's provisions.

4. The Tribunal concluded that the order to furnish bank guarantees was not justified based on the Foreign Trade Policy and CBEC Circular. As the appellants had already made a substantial deposit to safeguard the Revenue's interests, the necessity of additional bank guarantees was deemed unnecessary. Consequently, the appeals were allowed, and the goods were to be released provisionally upon the execution of the bond as per the Circular's guidelines, providing relief to the appellants.

5. In summary, the Tribunal clarified the procedural requirements for the provisional release of seized goods under the Foreign Trade Policy and CBEC Circular, emphasizing the execution of a bond without the mandatory furnishing of bank guarantees. The judgment provided a balanced resolution by setting aside the demand for bank guarantees and directing the appellants to comply with the bond requirements for the provisional release of their goods.