2016 (9) TMI 174

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....chnical) Ms. L.S. Phadke, Advocate with Mr. Arun K Gunashekharan, Advocate for Appellant Shri M.K. Sarangi, Jt. Commissioner (AR) for Respondent ORDER Per Ramesh Nair These appeals are filed by the appellant challenging the order of the Commissioner of Customs dated 04.05.2016 communicated by the Dy. Commissioner of Customs, wherein the appellants were allowed to take the provisiona....

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....uld be released on execution of Bond for full value of the goods and on furnishing Bank Guarantee equivalent to 25% of the value of the seized goods. She submits that for provisional release the differential duty should not be demanded. In support, she placed reliance on the following judgments: - (a) Commissioner Vs. Navshakti Inds. Pvt. Ltd. 2011 (269) ELT A146 (SC). (b) Daya E....

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....rantee is permitted only in a case where duty is yet to be determined. Therefore, the requirement imposed by the learned Commissioner for payment of duty, execution of Bond for 100% value of the goods and Bank Guarantee of an amount equivalent to 25% of the value of the goods is proper, which does not require any interference. In support, he placed reliance on judgment of the Hon'ble Mumbai Hi....

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....bserved that in the said section, provisional release of the goods is allowed on execution of Bond for the value of the goods and on furnishing a Bank Guarantee only in case where matter is pending for adjudication. 4.1 In the present case, the differential duty is part of the total assessed duty under the assessment of Bill of Entry. Therefore, the assessment of Bill of Entry has determined th....