2018 (2) TMI 1689

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....chnical) Ms. Laxmi Menon, Advocate for the Appellants Shri Ahibaran, Additional Commissioner (A.R.) for the Respondent ORDER Per : Ramesh Nair This appeal is directed against Order-in-Original 29/2017-18 dated 11-1-2018 passed by the Commissioner of Customs(Import-I), New Custom House, Ballard Estate, Mumbai, whereby Ld. Commissioner ordered for provisional release of the vessel Sag....

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....he classification claimed by the appellant is 8901 is correct. She further submits that taking into consideration the issue involved on merit the condition of 30% of the bank guarantee imposed by the Commissioner is very harsh, the same may be relaxed. In support of her submission, she placed reliance on following judgments: (a) Hede Offshore Ltd Vs. CC[2014(303)ELT 119(Tri. Mumbai)] ....

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....ideration remains that whether condition imposed by the Ld. Commissioner i.e. bank guarantee of 30% of the estimated value is reasonable or harsh. On going through board circular No. 35/07-Cus dated 16-8-17 whereby guidelines for provisional release of seized imported goods pending for adjudication under Section 11A of customs Act, 1962 was issued. Relevant paragraph 2.2 reads as under: 2.2. Fu....

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....tion the above guidelines, bank guarantee should cover entire differential duty, redemption fine and penalties. In the present case value of the goods estimated by the customs authority is Rs. 41.45 crore, accordingly differential duty amount (after payment of duty on the declared value) come to Rs. 3.62 crores. By taking this differential duty, we are of the view that total amount as per the guid....