2005 (9) TMI 417 - AT - Customs

Summary

Issues:
1. Consideration of provisional release of imported goods as per High Court order.
2. Interpretation of Section 18 of the Customs Act regarding provisional assessment of duty.

Issue 1 - Provisional Release of Imported Goods:
The appellant filed a Miscellaneous Application (MA) before the Tribunal seeking provisional release of imported goods. The appellant's advocate referred to CBEC Circular No. 22/2004-Customs and a High Court order directing the Tribunal to consider the provisional release issue. The High Court mandated the Tribunal to decide on the matter within 10 days of the application. The appellant argued for the release based on these grounds.

Issue 2 - Interpretation of Section 18 of the Customs Act:
The Judicial Member and the JDR presented differing views on the provisional release of goods under Section 18 of the Customs Act. The JDR contended that once a final order is issued by the Adjudicating Authority, provisional release is not permitted. The JDR emphasized that the law is clear on this point and highlighted that the appellant did not apply for provisional release to Customs Authorities before approaching the Tribunal. The JDR also argued that the Board Circular cited by the appellant's advocate was irrelevant at this stage.

The Tribunal analyzed Section 18 of the Customs Act, which outlines provisions for provisional assessment of duty. Referring to a previous case, the Tribunal noted that in situations involving misdeclaration and confiscation of goods, Section 18 might not apply. The Tribunal highlighted that once a final order is issued by the Commissioner, provisional release under Section 18 is not feasible. Citing the precedent, the Tribunal dismissed the MA for the provisional release of imported goods.

In conclusion, the Tribunal denied the appellant's request for provisional release of imported goods based on the interpretation of Section 18 of the Customs Act and the precedent set by previous judgments.