9911796707
TMI Blog2023 (5) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... ed machinery (capital goods) and declared assessable value of Rs. 4,28,86,373/-. As per the Board circular 7/2020-Cus dated 05.02.2020 such goods were required to be cleared only after examination and determination of the value by the Chartered Engineer empanelled with the custom authority. Accordingly, the goods were examined by the Chartered Engineer Shri. S. M. Khanche of M/s. Ace-Global Tech. Based on his reports the assessable value of imported goods was determined and duty paid by the appellant on 31.08.2022. 2.2 After out of charge 01.09.2022, appellants were informed that the imported goods have been put on hold by the DRI for investigations. The goods were subsequently seized vide the seizure memo No 107/2022 dated 04.11.2022, und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We have considered the impugned order along with the submissions made in appeal and during the course of arguments. 4.2 Undisputedly in the present case the goods sought to be cleared are used machinery items/ capital goods. Board has vide Circular dated 05.02.2020 clarified that such goods have to be assessed in following manner: "6. To sum up, the following guidelines shall be followed: (a) All imports of second hand machinery/used capital goods shall be ordinarily accompanied by an inspection/appraisement report issued by an overseas Chartered Engineer or equivalent, prepared upon examination of the goods at the place of sale. (b) The report of the overseas chartered engineer or equivalent should be as per the Form A annexed to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n assessed by the group following the procedure laid down as per the above circular and the duty paid accordingly. 4.3 Section 110A of Customs Act, 1962 provides as follows: "Section 110A. Provisional release of goods, documents and things seized or bank account provisionally attached] pending adjudication. - Any goods, documents or things seized or bank account provisionally attached under section 110, may, pending the order of the adjudicating authority, be released to the owner or the bank account holder on taking a bond from him in the proper form with such security and conditions as the adjudicating authority may require." 4.4 In the present case the goods seized were assessed by the appraising group on the basis of the procedure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pon a request made by the owner of the seized goods, provisional release shall not be allowed in the following cases i) Goods that do not fulfill the statutory compliance requirements/ obligations in terms of any Act, Rule, Regulation or any other law for the time being in force; ii) Goods that do not fulfill the statutory compliance requirements/obligations in terms of any Act, Rule, Regulation or any other law for the time being in force; iii) Goods specified in or notified under Section 123 of the Customs Act, 1692; iv) Where the competent authority, for reasons to be recorded in writing believes that the provisional release may not be in the public interest. 2.1 Seized imported goods shall be released provisionally by the comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sional release is too harsh, taking note of the fact that on the assessed value appellant has already paid duty amounting to Rs. 1,18,94,536/- . Taking into account, the fact that issue is in respect of the redetermination of assessed value, the bond should not be more than the deferential value. Commissioner (Appeal) has in fact modified the order in respect of the security deposit to be made without amending the value of the bond. In our view taking into account of the fact of the case the value of the bond and security needs to be re-determined in interest of justice protecting interest of both revenue and the appellant.. 4.6 Accordingly we modify the conditions in the order of provisional release stating that used equipment (Capital go ..... X X X X Extracts X X X X X X X X Extracts X X X X
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