2023 (1) TMI 556

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....fied the provisional release order dated 06.08.2020 passed by the Additional Commissioner of Customs, Inland Container Depot [ICD], Tughlakabad [TKD] to the extent of reducing the bank guarantee for provisional release of the seized goods to 10% of the value of goods. 2. The facts of the case are that the appellant imported some goods. Directorate of Revenue Intelligence [DRI] received intelligence that the goods were mis-declared in terms of value and also in terms of percentage of polyvinyl chloride [PVC]. During investigation, the goods were seized under section 110 of the Customs Act, 1962 [Act] by Seizure Memo dated 26.07.2019; the appellant sought provisional release of the goods under section 110A. The appellant had also filed writ ....

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.... consider giving an opportunity to explain to the petitioner as well before passing any such order. List for consideration on 15.01.2020." 3. On 15.01.2020, the High Court dismissed the writ petitions as infructuous. 4. The Additional Commissioner gave an opportunity of personal hearing to the appellant on 14.01.2020 but nobody appeared. Subsequently, the learned counsel of the appellant gave a written submission by letter dated 20.01.2020 stating that the differential duty has been deposited during the investigation. After considering the submissions made by the appellant the Additional Commissioner passed the following order of provisional release: "(i) Bond equal to the value of the goods i.e. submission of Bond for provisional rel....

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....ndly, the prayer is to set aside the order in appeal as well as the order in original with consequential relief. It needs to be pointed out that the order in original allows provisional release of goods, subject to some conditions and the order in appeal impugned before us in this appeal partially modified those conditions. If both these orders are set aside, there will not be any order for provisional release at all. This is not a case of confirmation of a demand or confiscation of goods or imposition of penalty and if the order of provisional release is set aside, there will be no provisional release at all. 8. However, the submission before us by the learned counsel is to waive the requirement of bank guarantee for provisional release. ....

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.... of entry which, on investigation were found to be heavily undervalued. The fact of undervaluation was accepted by the appellant by its letter dated 23.07.2020 and 24.07.2020 and also in statements under Section 108 of the Customs Act dated 13.07.2019 and 16.07.2019. The appellant has not retracted these statements till date but had, on the other hand, requested for closure of the cases under Section 28(6). 11. Learned authorised representative He further submits that although the adjudication is still pending, it is to be noted that the goods were mis-declared in terms of value and the appellant accepted the mistake of undervaluation and agreed to its re-determination in writing. Any goods which are mis-declared in terms of value or any o....