9911796707
TMI Blog2025 (3) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... condition as laid down by the Commissioner will prevail till the time the duty, penalty, interest & redemption fine, etc. are paid by the party as may be adjudicated. As far as protection of revenue is concerned, it is directed that an undertaking may be taken from the supporting manufacturer to the effect that (a) he has machinery and other infrastructure to process these imported goods (b) he will carry out processing of the remaining seized goods and will hand over the same to the appellant for its exportation. While the bank guarantee condition is quite onerous and deserves to be reduced. The interest of Revenue ad-interim, may need protection. Conclusion - The impugned order modified by reducing the bank guarantee requirement and al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee for Rs. 1,06,56,771/- and a bond equal to the value of the goods i.e. of Rs. 2,42,19,936/- for undertaking to pay, the duty, fine or penalty as may be imposed by the adjudicating authority. In the instant case, the party is aggrieved by the requirement of onerous bank guarantee which imposes financial burden on him. The learned Adjudicating authority while passing the order has relied upon the Board Circular No. 35/2017-Cus dated 16.08.2017 which in para 2.2 and 2.3 reads as follows:- 2.2 Further, in addition to the Bond mentioned at Para 2.1 above, the competent authority shall take a Bank Guarantee Security Deposit to cover the following: I. The entire amount of duty/differential duty leviable on the seized goods being provisionally ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1962. Para 2.1 and 2.2 of the said Circular lays down the value of Bond and BG to be sought from the owner of goods. As per Para 2.1 of the Circular dated 16.08.2017, the owner of goods shall execute Bond equal to the full value of goods. As per Para 2.3 of the Circular dated 16.08.2017, the owner of goods shall provide Bank Guarantee or Security deposit to cover differential duty, redemption fine and the penalties that may levied under the Customs Act, 1962. In the instant case, the differential duty is Rs. 1,06,56,771/- and the value of seized goods is Rs. 2,42,19,936/-." 4. He pleads that his order apart from giving sequence of events or facts and the relevant provisions has not worked out the basis and reason for calculating the bank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dence on the conduct and intention of the party. And therefore, the revenue is required to safeguarded. He therefore justified retaining same of conditions as were placed by the adjudicating authority. 7. We have gone through the facts stated before us as well as the rival submissions. We find that at this stage it is not possible to comment upon the legality or otherwise of the investigations as also the adequacy of steps taken by the party including sustainability of the seizure of goods. We find that the interest of revenue as well as of the party needs to be protected and balance between the two needs to maintained so that the business can continues and the envisaged transaction of export through the supporting manufacturer is complete ..... X X X X Extracts X X X X X X X X Extracts X X X X
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