2016 (10) TMI 519

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..... provisional release order - appeal allowed - decided in favor of appellant.
Mr. Anil Choudhary, Member (Judicial) and Mr. Anil G. Shakkarwar, Member (Technical) Shri Priyadarshi Manish & Shri Rahul Ranjan, Advocates for the Appellant (s) Shri Rajeev Ranjan, Jt. Commissioner, (A.R.) for the Department ORDER The appellant, M/s Ratan Aluminium Recycling Pvt. Ltd., is in appeal against Order dated 27.05.2016, passed by the Commissioner of Customs, Noida. 2. Brief facts of the case are that the appellant is a manufacturer of Aluminium Ingots and for this purpose, they had imported Aluminium Dross. The appellant had filed Bill of entry No.4802294 dated 05.04.2016 and Bill of Entry No.4531709 dated 10.03.2016 on first check basis. Accord .....

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..... rayed before the Ld. Commissioner, for release of their goods provisionally pending final adjudication on appropriate terms, offering to pay the duty on the imported goods. In response thereto, vide the communication dated 27.05.2016, provisional release is granted, subject to (i) the appellant has been asked to pay differential duty in full of ₹ 24,88,606/-, (ii) furnishing and execution of Bond covering 100% of the re-determined value of the goods i.e. bond amounting to ₹ 1,06,27,800/-, (iii) submission of Bank Guarantee for 30% of the value of the goods involved i.e. ₹ 31,89,000/- and (iv) furnishing of an undertaking that the appellant will co-operate with the Revenue during the investigation. The appellant, being aggr .....

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..... been proposed at ₹ 86,96,951/- Accordingly, we are inclined to allow the appeal and the Misc. application, in the interest of justice. 6. We modify the provisional release order No.VIII(30) Noida/Cus/SIIB/Ratan/13/16/480 dated 27.05.2016 as follows: (i) The differential duty to be deposited by way of Revenue deposited pending assessment of the Bills of the Entries, is modified at ₹ 15 lakhs. (ii) So for execution of bond is concerned for 100% of re-determined value, we modify the value at ₹ 86,96,951/-, the re-determined value. as proposed by the Revenue in the SCN dated 08.07.2016. (iii) We waive off the condition of the bank guarantee and also waive the condition of filing any undertaking, as the show cause notice is a .....

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