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TMI Blog2016 (12) TMI 575X X X X Extracts X X X X X X X X Extracts X X X X ..... rential duty in full is waived; ii) The second condition to furnish a bond for the full value as re-determined is retained; iii) The third condition of providing the bank guarantee is modified and it is ordered to provide the bank guarantee for an amount of ₹ 5.00 lakhs only. Subject to fulfillment of above aforementioned modified conditions, the goods shall be released forthwith to the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith misc. application for early hearing as the goods are lying with the customs. 2. The facts in brief are that the appellant imported about 09 containers declaring the same to contain heavy melting scrap vide bill of entry No. 6012641 dated 16.07.2016 in respect of Container Nos. CRXU311665(20 ), GLDU3468742(20 ), MSCU1857653(20 ), TEXU2588166(20 ) Bill of Entry No. 6022288 dated 18.07.2016 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds on High Seas Sale and as per the import documents including pre-shipment inspection certificate issued by the importer, the goods have been stated as metallic scrap, thus there is no mala-fide on their part in making the declaration based on the documents of title. In this view of the matter, the terms of provisional release in the impugned order are excessive and untenable being :- i) Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation contained in Provisional Duty Regulations, 2011. 5. Having considered the rival submissions, I find that the conditions imposed for provisional release are excessive and accordingly I modify the same as under:- i) The first condition of payment of duty of the differential duty in full is waived; ii) The second condition to furnish a bond for the full value as re-determined is r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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