2014 (1) TMI 637

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..... bond of the full proposed value of the consignment - Decided in favour of assessee.
Ms. Archana Wadhwa, J. and Shri Manmohan Singh, Member (T) Shri K.K. Anand and Priyadarshi Manish, Advocates, for the Appellant. Shri A.K. Jain, AR, for the Respondent. ORDER All three appeals are being heard together in terms of directions of Hon'ble Delhi High Court directing the Tribunal to dispose of the appeals immediately as a live consignments are involved. 2. We have accordingly heard Shri K.K. Anand and Shri Priyadarshi Manish, learned Advocates for the appellant and Shri A.K. Jain, learned AR for the Revenue. 3. As per facts on records, the appellants imported a consignment of oil and declared the same as pressed distilled oil. .....

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..... roceedings under the Customs Act, 1962. 3. Needless to state that the contemporaneous value taken for assessment of duty for provisional release of the goods and all other aspects of the case would be examined and decided finally at the time of adjudication of this case." 5. The appellants are aggrieved with the said harsh conditions imposed by the Commissioner for provisional release of the goods and prayed for modifying the same, in terms of declaration of law by the Hon'ble Delhi High Court in the case of Bhaiya Fibres v. Addl. Director General of Revenue Intelligence reported as [2012 (281) E.L.T. 396 (Del.)]. 6. After hearing both sides, we find that Hon'ble Delhi High Court has held that principles laid down by the Custom .....

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..... e goods once they are provisionally released in terms of our order. " 7. Inasmuch as the law stand declared by the Delhi High Court, by following the same, we direct the Revenue authorities to provisionally release the goods subject to deposit of 20% differential duty as sought to be assessed by the department and subject to execution of bond of the full proposed value of the consignment. However, the condition as regards disputing identity of the goods imposed by the Commissioner remains the same in terms of para 13 of Delhi High Court decision. 8. Inasmuch as live consignments are involved and appellants are incurring heavy demurrage on per day basis, we issue the present order "dasti" and also direct the Revenue to release th .....

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