TaxTMI 
TaxTMI 
2019 (5) TMI 1036
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....t granted provisional release of the goods imported by the appellant vide Bill of Entry dated 10.09.2018 subject to the condition that the respondent writ petitioner furnishes a simple bond for 100%, i.e. Rs. 39,37,214/- and a Bank Guarantee for Rs. 43,00,000/- covering differential duty and probable fine and penalty. The respondent came before this Court challenging the said order by contending that the imposition of a condition to furnish Bank Guarantee for a sum of Rs. 43,00,000/- is onerous and excessive and against various pronouncements of the Hon'ble Supreme Court and this Court. Further, it was contended that the only dispute concerning the goods covered under the bills of entries was with regard to correctness of the value for ....
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....onal release of imported goods pending adjudication. 3.The learned Single Bench was of the view that the goods which were imported constitute stationery and gift items and decoration materials and the Circular relied on by the appellant revenue was one that would apply if the proceedings for adjudication had been completed and the liability is quantified and the same not being the case of the respondent writ petitioner since the adjudication is yet to be over. Further by referring various decisions cited at the Bar, the learned Single Bench was of the view that it would suffice that the respondent writ petitioner deposit 30% of the differential duty and execute a personal bond for the remaining 70% and upon remittance, they would be entitl....
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....he apprehension of the revenue is that the appellant is a trader carrying on business in Mumbai and has no permanent establishment in Chennai and there is every livelihood that he will go untraceable after release of the cargo. 6.In our considered view, the revenue need not have any apprehension that as the respondent writ petitioner has a import and export code and even assuming that he does not co-operate with the adjudication by the appellant in Chennai, he can be traced anywhere in the Country and proper legal action can be initiated against him. It is needless to state that the respondent writ petitioner should co-operate in the adjudication process. Thus, considering the peculiar facts and circumstances of the case, we find that ther....