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    <title>2023 (5) TMI 145 - CESTAT MUMBAI</title>
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    <description>Provisional release of seized imported second-hand machinery under Section 110A of the Customs Act must be conditioned on terms that are proportionate and reasoned, with revenue interests balanced against the importer&#039;s right to release. Where the goods were assessed through the prescribed Chartered Engineer procedure and duty had already been paid, alleged undervaluation could not be finally examined in the provisional release proceedings without first challenging the assessment itself. The Tribunal found the enhanced bond requirement unsupported by reasons and modified the release terms as unduly harsh, directing release of the seized goods except the tyres against an indemnity bond of Rs. 4,00,00,000 and a bank guarantee of Rs. 50,00,000.</description>
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    <pubDate>Wed, 19 Apr 2023 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=437338</link>
      <description>Provisional release of seized imported second-hand machinery under Section 110A of the Customs Act must be conditioned on terms that are proportionate and reasoned, with revenue interests balanced against the importer&#039;s right to release. Where the goods were assessed through the prescribed Chartered Engineer procedure and duty had already been paid, alleged undervaluation could not be finally examined in the provisional release proceedings without first challenging the assessment itself. The Tribunal found the enhanced bond requirement unsupported by reasons and modified the release terms as unduly harsh, directing release of the seized goods except the tyres against an indemnity bond of Rs. 4,00,00,000 and a bank guarantee of Rs. 50,00,000.</description>
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