TaxTMI 
TaxTMI 
2010 (6) TMI 376
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....d-hand textile machinery in the month of June 2009. They furnished the documents and information required by the assessing authority. Anticipating delay in release of the goods, the party made a request to the Assistant Commissioner on 17-8-2009 for provisional assessment of the relevant bills of entry. In this letter dated 17-8-2009, they offered to furnish the requisite bond for an amount equal to the differential duty which may eventually be ascertained. At the same time, they also requested the Assistant Commissioner to exempt them from furnishing any security in the form of bank guarantee on the ground of financial difficulties. In lieu of bank guarantee, they offered to keep the machinery intact/unused in the bonded premises of a 100%....
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....,57,115/- as against total value of Rs. 80,71,337/- declared by you. Besides, the dismantling charges of USD 55000 which works out to Rs. 26,34,500/- also needs to be included in the assessable value. Thus the total assessable value comes to Rs. 12,44,23,531/-. 3. In this connection, it is to inform you that the Hon'ble Commissioner is pleased to order the provisional release of the imported goods under reference subject to the fulfillment of following conditions : 1. Submission of P.D. Bond for 100% Assessable value i.e. Rs. 12,44,23,531/-. 2. 50% of Differential duty i.e. Rs. 1,25,21,129/- by way of cash deposit. 3. Balance 50% i.e. Rs. 1,25,21,129/- by way of Bank Guarantee. Yours faithfully, (S.....
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....ter, the Commissioner's order for provisional assessment of the goods cannot be said to be appealable to this Tribunal under Section 129A of the Act. Therefore, the appellant's request for setting aside the order for provisional assessment cannot be entertained. Apart from this, such a prayer cannot be entertained even on merits inasmuch as the order for provisional assessment was made on the assessee's own request. Having applied for, and obtained, an order for provisional assessment, the assessee cannot turn round and pray for setting aside that order. 4. However, the conditions stipulated by the Commissioner for provisional assessment and release of the goods are liable to be interfered with if they are found to be against the m....
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....mmissioner asked for P.D. bond for 100% of the assessable value, which is clearly beyond the scope of Regulation 2. The learned Commissioner also asked for cash deposit to the extent of 50% of the differential duty besides bank guarantee for the balance amount of differential duty. These conditions are apparently in accordance with Regulation 4 read with Section 18(1) of the Customs Act. Sub-section (1) of Section 18 of the Act empowers the proper officer to require, in the context of provisional assessment of the imported goods, the importer to furnish such security, as the proper officer deems fit, for the payment of the deficiency, if any, between the duty finally assessed and the duty provisionally assessed. Obviously, this provision of....