2016 (9) TMI 174

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....te 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 provisional release of the seized goods in terms of S....

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....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 Enterprises Vs. Commissioner of Customs (Export) 2016 (336) ELT 73 (Del). (c) ....

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....rned 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 High Court in the case of Akanksha Syntex Pvt. Ltd. Vs. Union of India 2013 (296) ELT 170 (Bom). 4. On careful consid....

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....nd 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 the differential duty. In such case, Section 110A shall not apply, but Section 125 shall apply, according to which the assessee can....