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2018 (10) TMI 1332

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..... or the Appellants : S/Shri Sonia Sharma and Amit Batra, Advocates For the Respondent : Shri Rakesh Kumar, Authorized Representative (DR) ORDER PER. C.L. MAHAR :- The brief facts of the case are that M/s Mishika Enterprises a proprietorship firm has imported a consignment of water filter fitting Reverse Osmosis (RO) Membrane describing the same as water filter fitting - A&S - 7 (water filter pa .....

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..... i vide its letters No. VIII/ICD/10/ TKD/SIIB-Imp/Inv/mishika ent./104/2018 dated 07/08/2018 and No. VIII/ ICD/10/TKD/SIIB-Imp/Inv/Durga ent./98/2018 dated 07/08/2018 ordered the provisional release of seized goods on conditional basis. The conditions on which the seized consignment were allowed to be provisionally released are as follows :- "(a) submission of bond for the full value of the seize .....

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..... mission of bank guarantee of amount equal to differential duty of Rs. 12,23,459/-. The bank guarantee shall contain auto renewal clause ; (iii) submission of bank guarantee amounting to Rs. 4,00,000/- to cover redemption fine and penalty, if any that adjudicating authority may impose. The bank guarantee shall contain auto renewal clause". 3. Feeling aggrieved of tough conditions of the release .....

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..... ed DR, we feel that the condition of provisional release appears to be financially tough on the part of the appellant and since the appellant is providing a bond of full value of seized goods and as the importer is a regular importer, we feel it proper to revise the above-mentioned conditions of the provisional release and allow the seized goods to be taken on provisional basis by complying with t .....

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