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2018 (8) TMI 1118 - AT - CustomsImplementation of CESTAT Order - enhancement of value - SONY TV SETS - SONY PANELS - Held that - In respect of goods namely SONY television sets, and SONY panels the Tribunal has set aside the confiscation of the goods and enhancement of value of the assessable value. SAMSUNG television set - Held that - Confiscation was upheld and allowed to be re-exported on payment of redemption fine of ₹ 5 Lakhs. The enhancement of value of SAMSUNG television sets was also set aside. The Ld. Respondent Commissioner is directed to implement the order and release the goods without insisting of PD Bond and/or Bank Guarantee and in terms of the said orders within 10 days from receipt of this order and report compliance on 10 August, 2018.
Issues involved:
1. Implementation of CESTAT's final order dated 14.05.2018 for release of confiscated goods. 2. Requirement of bank guarantee for release of goods pending appeal filing by the Revenue. 3. Compliance with statutory provisions and legal precedents regarding the release of goods. Analysis: 1. The applicant filed a miscellaneous application seeking directions for the implementation of CESTAT's final order dated 14.05.2018, which set aside the confiscation of SONY TV SETS and SONY PANELS and enhancements of assessment value. The department insisted on a bond and bank guarantee for releasing the goods despite the Tribunal's order. The Tribunal's order was in favor of the appellants, and the Revenue's appeal was dismissed. The Tribunal held that the goods should be released unconditionally as per the Apex Court judgment in Union of India Vs Kamlakshi Finance Corporation Ltd, 1991 (55) ELT 433 (SC). 2. The Revenue sought a bank guarantee to safeguard its interests pending an appeal filing before the Apex Court. However, the Tribunal found no justification for demanding a bank guarantee or duty bond when the goods were neither under seizure nor confiscation as per the Tribunal's order. The Tribunal emphasized that the order was binding on the department, citing relevant legal precedents and CBIC instructions on monetary limits. 3. The Tribunal analyzed the submissions from both sides and concluded that the goods, including SONY television sets and SONY panels, should be released unconditionally, while SAMSUNG television sets should be allowed for re-export on payment of a redemption fine of &8377; 5 lakhs. The Tribunal highlighted the lack of statutory provisions for demanding a duty bond or bank guarantee when goods are not under seizure or confiscation. It directed the Respondent Commissioner to implement the orders within a specified timeframe, emphasizing the binding nature of the Tribunal's order as per legal precedents and Supreme Court judgments. This detailed analysis covers the issues of implementing the Tribunal's order, the necessity of a bank guarantee, and compliance with legal provisions and precedents regarding the release of confiscated goods.
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