9911796707
TMI Blog2013 (7) TMI 761X X X X Extracts X X X X X X X X Extracts X X X X ..... iled five Bills of Entry, all dated 9 July 2012 for the importation of two sets of Video Conferencing suites and accessories; two sets of RPX 408M series and three sets of RPX 418M series. Five consignments were originally sent by Polycom Inc. U.S.A., the exporter, to Beetel Teletech Ltd., the importer. There was a first stage high seas sale by Beetel Teletech Ltd. to AGC Networks Limited under four agreements dated 30 March 2012 and 31 March 2012 at a value of Rs. 76.67 lakhs and Rs. 85.10 lakhs. AGC Networks Limited, in turn, sold the goods on high seas sale to the Petitioners at a value of Rs. 1.29 crores for RPX 408M series and Rs. 1.45 crores for RPX 418M series under agreements dated 30 and 31 March 2012 respectively. On the basis of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available on record), (after apportioning values to components under respective chapter sub-headings). Rs.3,33,79,605/-; (2) 100% Bond covering the value of the goods viz. Bond for Rs.22,00,21,354/-; (3) Bank Guarantee @ 20% of the value of the goods viz., Bank Guarantee for Rs.4,40,04,271/-; (4) You are also required to submit an Undertaking that the said seized goods offered for provisionally release will not be disposed off without express written permission from the Commissioner of Customs (Prev.), Mumbai." Subsequently, on the request of the Petitioners, a further modification was made to the effect that the quantum of the Bank Guarantee would be restricted to 10% of the redetermined value of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eriod for the issuance of a notice to show cause by six months. 5. During the course of the hearing, Counsel appearing on behalf of the Revenue has placed on record, a statement containing the manner in which the provisional duty has been computed. As noted earlier, since the Petitioners have paid duty in the amount of Rs. 1.18 crores, the order for provisional release requires the Petitioners to pay the balance of Rs. 3.33 crores besides furnishing a bond and Bank Guarantee representing 10% of the value of the goods. 6. During the course of the hearing, Counsel appearing on behalf of the Petitioners questioned the computation on three counts: (i) The price per unit for RPX 408M series has been taken as USD 599,999 and for RPX 418M series ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tober 2012 of the Petitioners to the Commissioner of Customs (Preventive) (Exh.P). 7. In our view, the nature of the objections which have been raised by the Petitioners to the computation which has been placed on record by the department would require a reconsideration of the basis on which the order for provisional release has been passed. The order for provisional release has computed the value for the purposes of computing customs duty at Rs.22 crores. The three fold contentions of the Petitioners, namely that: (i) The determination of unit value does not take into account even the standard manufacturer discount; (ii) That there is no basis for making an addition towards the pre-inspection, maintenance and service charges when these do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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