TaxTMI 
TaxTMI 
2015 (2) TMI 262
X X X X Extracts X X X X
X X X X Extracts X X X X
....release Bond equal to the re-determined value as per Annexure. (b) On payment of duty as per Annexure on re-determined value; provisionally (c) On execution of Bank Guarantee (with self-renewal value) or payment of Revenue deposit equal to 10% of the re-determined value as per Annexure (for Redemption Fine and penalty purpose) 2. On receipt of the appeal, a doubt has been raised whether said appeal is maintainable before the Single Member Bench or not as the issue is of valuation of goods. 3. In response to the said objection, the ld. counsel for the appellant submits that this appeal can be decided by Single Member Bench in terms of Section 129C(4) of the Customs Act, 1962 and f....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Division Bench. But he failed to distinguish the decision relied upon by the ld. Counsel and to produce contrary decision to the said issue. 6. I have considered the submissions made by both sides. 7. I find that in this case there is no final assessment or adjudication as taken place to ascertain the duty liability and imposition of fine and penalty against the appellant. It is a case of provisional release of the freely importable goods by imposing certain conditions for release of goods which were sought to be modified by the appellant. In the case of Rajguru Enterprises this Tribunal rejected the preliminary objection in a matter concerning condition of provisional release and thereafter matter was heard by sitting single as....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ingle Member Bench as in the impugned order neither the value of goods/duty is decided nor the classification is in dispute. 8. As the issue is a case of live consignment, therefore after allowing the application for early hearing , appeal is taken up for final hearing with consent of both sides. 9. The brief facts of the case are that the appellant has imported freely importable goods i.e. LED plastic handle torch/LED Plastic Torch Orkia brand having limited shelf life. The investigation against the appellant were conducted and it was found that the goods are undervalued. It was appreciated that clearance of the imported goods may take time. The applicants preferred a writ petition before the Hon'ble High Court of Bombay. The H....
X X X X Extracts X X X X
X X X X Extracts X X X X
....by the Tribunal dated 24-9-2013 wherein the goods of the same appellant were seized by the DRI wherein the Tribunal permitted provisional release of the goods on execution of bond, on payment of 20% of differential duty and execution of bank guarantee with a renewal clause with 10% of the re-determined value. He also relied on the decision of Swiber Offshore Construction Pte. Ltd. - 2012 (281) E.L.T. 545 wherein this Tribunal was pleased to modify a provisional release order by completely waiving the conditions of payment of differential duty, and directing submission of bond and undertaking. 11. On the other hand, the ld. AR submits that in the instant case the load port price was available and on the basis the value has been re-dete....
X X X X Extracts X X X X
X X X X Extracts X X X X
....fficer on account of any of the grounds specified in sub-section (1) of Section 18 of the said Act, is not able to verify the self-assessment or make re-assessment of the duty on the imported goods or the export goods, as the case may be, he shall make an estimate of the duty to be levied (hereinafter referred to as the provisional duty). (2) If the importer or the exporter, as the case may be, executes a bond in an amount equal to the difference between the duty that may be finally assessed or re-assessed and the provisional duty and deposits with the proper officer such sum not exceeding twenty per cent of the provisional duty, as the proper officer may direct, the proper officer may assess the duty on the goods provisionally at an ....