9911796707
TMI Blog2017 (4) TMI 680X X X X Extracts X X X X X X X X Extracts X X X X ..... e in the light of the decision of the Hon'ble Gauhati High Court in the case of UOI vs. Amalgamated Plantation (P) Limited [2016 (8) TMI 124 - GAUHATI HIGH COURT] - the goods to be released on a condition of furnishing bank guarantee of 30% of the differential duty to the satisfaction of the Commissioner of Customs. In the case of Bill of Entry No. 5369202 dated 24.05.2016, condition for furnishing bank guarantee equal to 20% of the value of goods, is also harsh as the appellant has already paid duty at the time of clearance of goods and the same may be treated as sufficient for release of goods for re-export. It is made clear that the adjudicating authority shall redraw remnant samples of the impugned goods for verification of descr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... guarantee or as cash deposit. (3) The goods seized vide seizure memo dated 28.10.2016 at godown of M/s. AVI International, where value has been re-determined as ₹ 87,19,173/-, may be released on furnishing:- (i) A bond of ₹ 87,19,173/- i.e. equal to the assessable value. (ii) security of ₹ 26,87,346/- (twenty six lakh eighty seven thousand three hundred and forty six only) being estimated duty on re-determined assessable value, either as bank guarantee or as cash deposit. (4) The goods seized vide seizure memo dated 28.10.2016 at CFS OWPL premises imported under bill of entry No. 5369202 dated 24.05.2016, having assessable value 15,89,681/- are released for re-export on the following conditions :- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 24.05.2016, the adjudicating authority has permitted to re-export the goods on furnishing of deposit or bank guarantee equivalent to 20% of determined value as computed by DRI. He submits that as the appellant has paid appropriate duty at the time of importation of goods, therefore, in the case of export no duty is required to be paid and the same may be treated as sufficient for re-export of imported goods. Further, he submits that the order of deposit of full differential duty on re-determined assessable value is bad in law, in the light of decision of the tribunal in the case of Nav Shakti Industries (P) Limited vs. CC, TKD 2011 (267) ELT 483 (Del.) [Affirmed in -2011 (269) ELT A146 (SC)], Kuber Casting (P) Limited vs. UOI 2013 (297) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Nav Shakti Industries Pvt. Limited (supra), wherein this tribunal ahs observed as under:- 10. That being the position, there is no option but to permit the release of the goods of the Appellants on their furnishing a bond of 20% of the differential duty that is to say the duty claimed by the Respondents minus the duty already paid by the Appellants in the first instance. Condition No. (i) imposed by the order dated 9th January, 2008 would stand modified to that extent. 11. Insofar as the second condition is concerned (requiring the Appellants to furnish 25% of the value of the goods by way of a bank guarantee) we cannot overlook the fact that the goods were finally cleared by the Respondents after making an assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eir furnishing a bond of 20% of the differential duty to the satisfaction of the concerned Commissioner of Customs. The appellants have filed the present appeal being aggrieved by the aforesaid order in respect of which it is being contended that the aforesaid order passed by the High Court is erroneous as the amount for which the bond is to be furnished by the respondents is on the lower side. Having considered the facts and circumstances of the case and also taking notice of the fact that the goods in question are newsprint which is perishable in nature, we issue a direction that the goods of the respondents shall be cleared by the appellants herein on the respondents furnishing a bank guarantee of 30% of the differential duty t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to 20% of the value of goods, is also harsh as the appellant has already paid duty at the time of clearance of goods and the same may be treated as sufficient for release of goods for re-export. With regard to description, identity, MRP printed, quality and other details, the adjudicating authority shall draw remnant samples so that there should be no dispute with regard to description, identity, MRP printed, quality and other details at the time of adjudication. 7. With these observations, the impugned order is modified as under:- (1) The impugned goods seized under seizure memo dated 28.10.2016 at Nutrition Mart, where, re-determined value (MRP) for CVD propose is ₹ 1,31,200/- and Assessable Value is ₹ 30,795/-, may be ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
