Tribunal Orders Vessel Release with Reduced Security Requirements

The Tribunal ordered the provisional release of the vessel Sagar Fortune upon submission of a bond covering 100% of the estimated value and a bank guarantee of Rs. 10 Crores, reducing the quantum of security required from the appellant. The Tribunal found the Commissioner's condition of a 30% bank guarantee to be excessive, citing guidelines from a board circular. The appeal was disposed of in favor of the appellant, with the judgment pronounced on 22/02/2018.

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Issues:
Reduction of quantum of security for provisional release of vessel Sagar Fortune under Section 110A of Customs Act, 1962.

Analysis:
The appeal challenged an Order-in-Original directing the provisional release of the vessel Sagar Fortune subject to conditions imposed by the Commissioner of Customs. The appellant sought a reduction in the quantum of security required, arguing it was excessive and arbitrary. The appellant's counsel contended that the valuation and classification of the vessel were incorrect, advocating for a lower security amount. The Commissioner's condition of a 30% bank guarantee was deemed harsh by the appellant, who cited various judgments to support their case.

The Tribunal refrained from delving into the merits of the case regarding valuation and classification, as it was premature at the investigation stage. The central issue revolved around the reasonableness of the 30% bank guarantee mandated by the Commissioner. Referring to board circular No. 35/07-Cus, the Tribunal noted the guidelines for provisional release of seized goods pending adjudication. The circular specified that the bank guarantee should cover the duty, fines, and penalties potentially levied. Considering the guidelines, the Tribunal calculated that a bank guarantee of approximately Rs. 10 Crores would suffice, based on the estimated value of the goods and the differential duty amount.

In light of the circular's provisions, the Tribunal determined that the vessel could be provisionally released upon submission of a bond covering 100% of the estimated value and a bank guarantee of Rs. 10 Crores. The appeal was disposed of accordingly, and the early hearing application was also resolved. The judgment was pronounced on 22/02/2018 by the Tribunal.

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