TaxTMI 
TaxTMI 
2017 (10) TMI 1138
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.... the DRI, MZU, Mumbai's letter dated 06,06,2017;and ii. Payment of differential duty involved (Rs. 21,78,906-) on the seized goods; and iii. M/s Swatch Group (India) Pvt. Ltd., shall also furnish a Bank Guarantee with auto renewal clause, for Rs. 2,51,71,082/-. 2. The facts of the case are that on 30th March, 2017, the premises of the appellant were searched by of DRI and found that appellant were selling watches imported by M/s Swatch Group (India) Pvt. Ltd. The case of the revenue is that as Swatch Group (India) Pvt. Ltd, the importer has cleared the watches by declaring RSP which is less than the RSP at which the appellants are selling the watches, therefore, M/s Swatch Group (India) Pvt. Ltd has miss-declared the value of the i....
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.... in various judicial pronouncements, it has been held for provisional release of goods, payment of duty is sufficient. He is also aggrieved from the condition (ii) of the impugned order. 5. On the other hand, Ld. AR opposed the contention of the Ld. Counsel and submits that the appellant has not produced document before the authorities as per law to claim ownership of the said seized goods as M/s Swatch Group (India) Pvt. Ltd is the importer and the duty is to be demanded from the importer, in that circumstances, the goods are to be released to the importer only. He also submits that nowhere, it is coming out from the impugned order from the document seized clarified that the appellant is the owner of the seized goods. In that circumstan....
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....) and the said certificate is incorporated as under:- 10. Further, the appellant has produced the copy of invoices against which the impugned watches were sold to the appellant by M/s Swatch Group (India) Pvt. Ltd. In that circumstances, the appellant is the owner of the impugned goods and the said goods has been seized from the possession of the appellant. 11. Further, as per Section 110A of the Customs Act, 1962 which is reproduced below :- [110A. Provisional release of goods, documents and things seized pending adjudication.-Any goods, documents or things seized under section 110, may, pending the order of the adjudicating officer, be released to the owner on taking a bond from him in the proper form with such security and condi....
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....nally. 15. In the result, following the order is passed. The goods shall be released provisionally under Section 110A of the Customs Act to the appellant i.e. M/s Ethos Ltd. subjecting following conditions:- 1. The appellant shall furnish a bond equivalent to 25,17,10,823/- in respect of seized goods as listed in Annexure A to the DRI MZU Mumbai letter dated 06/06/2017 and on payment of differential duty of Rs. 21,78,906/- seized goods. 16. The appeal is disposed off in the above manner. (Dictated & pronounced in open Court) ============= Document 1 SWATCH GROUP SWATCH GROUP (INDIA) PRIVATE LIMITED To, M/s. Ethos Limited, Kamla Centre SCO 88-89, Sector 8-C Date: 04.10.2017 Adv Madhyamarg, Chandigarh,....