9911796707
TMI Blog2016 (4) TMI 924X X X X Extracts X X X X X X X X Extracts X X X X ..... d by bank guarantee for full duty liability of these aircrafts. After considering the background, while furnishing bond for the full value can be considered as proper. insistence of bank guarantee of full duty liability is apparently a harsh condition followed by the decision of the Tribunal in appellant's own case involving similar set of facts reported in in [2016 (3) TMI 558 - CESTAT CHENNAI]. Accordingly, the orders for provisional release to the extent of reducing the bank guarantee to 20% of the duty liability as fixed and ordered by the original authority is modified, Bond will be for full value of the aircrafts. - Appeal disposed of - Customs Appeal No. 53161, 53628 & 53992 of 2015 - Final Order No. 51235-51237 /2016 - Dated:- 31-3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r provisional release, the appellants filed these appeals. 3. The learned Counsel for the appellants submitted that the conditions imposed for provisional release of the aircraft are onerous and requires modification. The learned Counsel emphasized that these aircrafts were originally imported and proper bills of entry were filed; and were provisionally assessed and released by the customs authorities. As per the financial arrangement the appellants later sold these aircrafts and re-leased them for use in India. Even if it is accepted that movement of aircrafts constitute export and re-import, the learned Counsel submitted that there is no customs duty implication in these transactions. It was further submitted that the appellants are el ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... find that these aircrafts were originally imported and assessed provisionally to duty. It is an admitted fact that the assessment and duty liability are yet to be finalized by the authorities even after 5 years of original import. No details are forthcoming about the nature and status of inquiry, if any, and reason for delay of so many years in finalizing these assessments. 6. The admitted fact are that the appellants sold these aircrafts to foreign buyers. These aircrafts left India and were brought back again on lease agreement. The present seizure and provisional release is with reference to improper export and re-import of these aircrafts. We are not examining in detail the merits of the appeals as well as Revenue s claim regarding d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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