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TMI Blog2018 (4) TMI 170X X X X Extracts X X X X X X X X Extracts X X X X ..... antee. The bank guarantee is of Rs. 10 crores. The operative part of the order reads as under:- "5. Taking into consideration the above guidelines, bank guarantee should cover entire differential duty, redemption fine and penalties. In the present case value of the goods estimated by the customs authority is Rs. 41.45 crore, accordingly differential duty amount (after payment of duty on the declared value) come to Rs. 3.62 crores. By taking this differential duty, we are of the view that total amount as per the guidelines given in para 2.2 of Circular dated 16-8-2017 should be approximately not more than Rs. 10 Crores. Accordingly, we hold that goods can be provisionally released by taking bond of 100% of the estimated value i.e. 41.45 cro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the extent of 30% of the estimated value. Mr. Jetly would submit that we should not interfere with the impugned order. 5. After hearing Mr. Shah at great length on the earlier occasion, we passed the following order:- 1. After this writ petition was heard for some time and during the course of the arguments, our attention was invited to the order passed by the tribunal in the case of Hal Offshore Ltd. V. Commissioner of Customs, Mumbai [2014(303) ELT 119] and the view taken in the case of Raj Shipping Agencies vs. Commissioner of Customs, Mumbai [2015(329) ELT 913] we inquired from Mr. Jetly as to whether the Revenue has challenged these orders of the tribunal in the higher court. The tribunal's orders, as is now stated by Mr. Jetly, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y in the event such an affidavit is filed and copy duly served that we would consider the contentions and particularly the request to delete the condition imposed by the tribunal and modify the order under challenge to the extent prayed by the petitioner. Else and in the absence of such an affidavit-cum-undertaking, the writ petition would stand dismissed without any further reference to the court. 3. List the matter for "passing orders" on 26th March, 2018. 6. In terms of the order passed by this court, the petitioner has now furnished an undertaking. The undertaking very clearly says that this is a platform supply vessel. The platform supply vessel is an Indian flag vessel. The petitioners have been awarded a contract by the ONGC for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs given to this court. In these circumstances, we modify the order of the tribunal. We modify it only to the extent of furnishing the bank guarantee in the sum of Rs. 10 crores. That bank guarantee need not be furnished, but the vessel should be released provisionally to the petitioner on the express undertakings given to this court. This order shall not be treated as a precedent for cases of this nature.
8. The writ petition is disposed of by clarifying that insofar as the merits of the case are concerned, this court has not expressed any opinion.
9. Mr. Jetly, on instructions, submits that now the show cause notice would be adjudicated in accordance with law and a reasoned order will be passed on hearing the petitioner. X X X X Extracts X X X X X X X X Extracts X X X X
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