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TMI Blog2010 (8) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... sit 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 - C/463-464/2010-Mum - A/432-433/2010-WZB/C-IV/(SMB) - Dated:- 19-8-2010 - Shri Ashok Jindal, Member (J) Shri B.P. Pereira, JDR, for the Respondent. [Order]. The appellants have filed these appeals against the order wherein the Commissioner of Customs (Preventive), Mumbai has sanctioned the provisional release of goods seized pertaining Shipping Bills No. 8326817 and 832887 on execution of bond and furnishing of the bank guarantees. 2. Brief facts of case are that the appellants a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave already made a deposit of Rs. 10 lakhs to safe guard the interest of the Revenue. Hence, he prayed that the order with regard to furnishing of bank guarantees be set aside. 5. On the other hand the learned DR submitted that it is a case of valuation of the goods to be exported, the matter has to be transferred to DRI (sic). On merits, he reiterated the impugned order. 6. On careful examination of the contents of the case and submissions made by both the sides, I find that in this case no demand of duty or penalty has been made. No adjudication has taken place in this case to confirm duty and penalty on the appellants. It is a case of provisional release of the goods by imposing certain conditions, hence the matter can be heard by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... guarantees is not warranted in these cases. Hence, the order to that extent of furnishing of bank guarantees amounting to Rs. 3 lakhs and Rs. 10 lakhs are set aside but the 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. Considering the facts that as the 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 are set aside and the appeals are allowed to that extent. The goods are to be released provisionally on execution of the bond as discussed above. 7.3 With these observations, the appeals are disposed of with consequentia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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