Provisional release of imported goods: 100% bank guarantee deemed excessive; reduced to 50% of estimated differential duty
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....Central issue: whether the Principal Commissioner's condition requiring a Bank Guarantee for 100% of estimated differential duty plus anticipated fine and penalties for provisional release of imported goods was onerous and inconsistent with prior provisional clearances. Reasoning: authority's own contemporaneous provisional assessments had accepted a bond for value and a 50% Bank Guarantee of estimated differential duty for similar imports, making the 100% requirement disproportionate and inconsistent. Outcome: direction to modify the Bank Guarantee requirement to 50% of estimated differential duty; other conditions remain; provisional release ordered upon furnishing the bond and 50% BG within the prescribed short timeline. - HC....
TaxTMI
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