Case Law Details
OSM Ecocar Pvt. Ltd. Vs Commissioner of Customs (CESTAT Mumbai)
In the present case the goods seized were assessed by the appraising group on the basis of the procedure prescribed as per the circular dated 05.02.2020. The charge of under valuation cannot be established without challenging the assessment made by the assessing group as per the procedure prescribed. It is not the case where the goods where being cleared on the basis of the declared value but were being cleared on the basis of the assessed value on the payment of assessed duty. However, these questions of undervaluation need to be investigated and we are not concerned with those in the present proceedings.
As no reasons are forthcoming for enhancing the value of the imported goods over and above the value belonging by the Chartered Engineer. We are of the view that the order prescribing conditions of provisional release is too harsh, taking note of the fact that on the assessed value appellant has already paid duty amounting to Rs. 1,18,94,536/- . Taking into account, the fact that issue is in respect of the redetermination of assessed value, the bond should not be more than the deferential value. Commissioner (Appeal) has in fact modified the order in respect of the security deposit to be made without amending the value of the bond. In our view taking into account of the fact of the case the value of the bond and security needs to be redetermined in interest of justice protecting interest of both revenue and the appellant..
Accordingly we modify the conditions in the order of provisional release stating that used equipment (Capital goods) imported by the appellant and seized under the seizure memo no. 107/2022 dated 4/11/2022 can be released on execution of indemnity bond of Rs. 4,00,00,000/- (Rupees Four Crores) along with it bank guarantee of Rs. 50,00,000/- (Rupees Fifty Lakhs.).
FULL TEXT OF THE CESTAT MUMBAI ORDER
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