9911796707
TMI Blog2024 (6) TMI 1121X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.2 includes furnishing of Bank Guarantee or security deposit to cover the entire amount of duty / differential duty leviable on the seized goods being provisionally released - the conditions imposed as per Annexure-D are at variance with the circular and guidelines of the Board itself. The provisional release order imposing conditions contrary to the Circular requires to be modified - Petitioner to execute a Bond for the value / estimated value of the seized goods - Petitioner to furnish Bank Guarantee or Security Deposit for the differential duty which admittedly is Rs. 5,55,060/-. In terms of the conditions for release stipulated above, which would substitute the conditions of provisional release at Annexure-D, the writ petition is dispo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 8.0 is as follows: 2. While provisional release of seized imported goods under Section 110A of the Customs Act, 1962 may normally be considered by the competent adjudicating authority upon a request made by the owner of the seized goods, provisional release shall not be allowed in the following cases - (i) Goods prohibited under the Customs Act, 1962 or any other Act 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, 1962; (iv) Where the competent authority, for reasons to be recorded in writing believes that the provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the above, the conditions imposed as per Annexure-D are at variance with the circular and guidelines of the Board itself. 7. Accordingly, the provisional release order imposing conditions contrary to the Circular requires to be modified. In light of the same, conditions of provisional release at Annexure-D are modified as follows: (i) Petitioner to execute a Bond for the value / estimated value of the seized goods. (ii) Petitioner to furnish Bank Guarantee or Security Deposit for the differential duty which admittedly is Rs. 5,55,060/- as is referred to in the order-in-appeal No. 76/2023 at Paragraph No. 11.0. 8. Insofar as the condition (iii) in provisional release order at Annexure-D, the same is contrary to the circular referred to abov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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