2019 (5) TMI 1716

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....t : Sh. Hardik Modh (Advocate) For the Respondent : Shri. S.K. Shukla (AR) ORDER PER: RAMESH NAIR This appeal is directed against the order for provisional release dated 27.03.2019 decided by the Commissioner of Customs Kandla and communicated by the Deputy Commissioner of Custom House. According to this order the provisional release order was passed subject to condition of execution o....

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....nder supplementary notes of Chapter 27 of the Customs Tariff Act. It means any hydro carbon oil confirming to the India Standard Specific of Bureau of Indian Standard ISI1460: 2005. Indian standard ISI 1460:2005 provides for classifying the product as HSD. In the IOCL report dated 14.08.2018 only 14 were decided out of 21 specifications for coming to the conclusion whether the impugned goods were ....

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....the Revenue invited our attention to the order of this Tribunal dated 13.02.2019 that this Tribunal has directed the Commissioner to provisionally release the goods on the bond and bank guarantee as he deems fit accordingly the Commissioner imposed condition for re-export which is not exorbitant and same may be maintained. 4. Heard both the sides, considered the submission made and perused the ....

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....d by the Commissioner is exorbitant. The identical issue has been considered by the Jurisdictional High Court in Zip Zap Exim Pvt. Ltd. (supra) wherein the re-export of the goods were allowed on furnishing of bank guarantee of 25% of the duty amount accordingly, we following the ratio of Gujarat High Court judgment reduce the amount of Bank Guarantee to 25% of the duty involved in the consignment ....