9911796707
TMI Blog2024 (4) TMI 1044X X X X Extracts X X X X X X X X Extracts X X X X ..... been issued to the appellant under section 124 of the Act nor the period for issuance of the show cause notice has been extended till date. Admittedly the goods have been seized on 22.09.2023 and presently it is 19.04.2024. As the provision of section 110(2) of the Customs Act has not been complied with, therefore, the goods in question are to be released to the appellant immediately - the adjudicating authority is directed to do so. The goods in question are to be released to the appellant immediately without any condition for provisional release - Appeal disposed off. - HON BLE SHRI ASHOK JINDAL , MEMBER ( JUDICIAL ) And HON BLE SHRI K. ANPAZHAKAN , MEMBER ( TECHNICAL ) Shri Amit Kumar , Advocate Shri K. K. Sanyal , Consultant for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have been imposed. 14. Taking into consideration the facts and issues detailed above, Provisional Release of the seized goods imported vide Bill of Entry Nos.7336475 dt.12.08.2023, 7439411 dt.19.08.2023 7835166 dt.14.0.2023 is allowed under Section 110A of Customs Act, 1962 subject to the fulfillment of the following conditions:- i. Execution of Bond for the full estimated value of the goods, i.e. Rs.1,62,15,519.00 (Rs. One Crores Sixty Two Lakh Fifteen Thousand Five hundreds and Nineteen Rupees Only). ii. Submission of Bank Guarantee/cash deposit for Rs.65,00,000 (Rupees sixty five lakh only) to cover estimated differential duty, probable Fine and Penalty. iii. The Bond shall contain an undertaking that the importer shall pay the duty, fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of market surveys and no such report was provided. On the contrary, the appellant has provided various Bills of Entry for import of the said goods during the said period from the same supplier of the goods having the same value. In that circumstances, the conditions of provisional release of the goods are to be waived and goods to be released to the appellant. 7. Heard the parties, considered the submissions. 6. It is a fact on record that the goods in question have been seized under Section 110 of the Customs Act, 1962 on 22.09.2023. 8. The Section 110(2) is reproduced below:- (2) Where any goods are seized under sub-section (1) and no notice in respect thereof is given under clause (a) of section 124 within six months of the seizure of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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