9911796707
TMI Blog2024 (5) TMI 1199X X X X Extracts X X X X X X X X Extracts X X X X ..... ordingly, the appeal is allowed and the order passed by the learned Tribunal is set aside. As mentioned, two conditions were imposed for grant of provisional release. So far as the first condition of execution of bond is concerned, we find there is no ground to interfere with the same and the said condition is affirmed. So far as the second condition is concerned, the bank guarantee of Rs. 65,00,000/- is to cover the estimated differential duty probable fine and penalty. We prima facie find that in the order passed by the adjudicating authority or the appellate authority there is no indication as to how the value of goods have been arrived at on a provisional basis. Therefore, we are of the view that the interest of the revenue will be prot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l estimated value of goods, that is, Rs. 1,62,15,519 (ii) submission of bank guarantee/cash deposit for Rs. 65,00,000/- to cover the estimated differential duty probable fine and penalty. Aggrieved by the same, the respondent preferred appeal to the Commissioner of Customs (Appeals) and by order dated 19.1.2024 the appeal was dismissed. 2. Challenging the same, the respondent preferred appeal before the Tribunal which has been allowed. The only ground on which the learned Tribunal allowed the appeal is that no show cause notice was issued within the time period stipulated under Section 110 (2) of the Act. The operative portion of the order passed by the learned Tribunal does not discuss the effect of the order of provisional release passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... follows : Provided further that where any order of provisional release of the seized goods has been passed under Section 110A, the specified period of six months shall not apply . 4. Thus, the Circular No. 1/2017-Cus can have no application to the case on hand. 5. The learned advocate for the respondent submitted that no show cause notice was issued within the first period of six months nor there is any order of extension passed. In any event these are all matters which have to be decided at the time of adjudication after issuance of the show cause notice and at this stage the same cannot be gone into and suffice to hold that the second proviso clearly applies to the facts of the present case. 6. Therefore, we hold that the order passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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