2012 (4) TMI 484 - HC - Customs

Writ petition for a Mandamus directing the respondents to release the goods residue Wax imported vide Bill of Entry No.5345063 - third respondent on being forwarded the Bill of Entry alleged that the petitioner had undervalued the goods and withhold the goods - petitioner submits to release Residue Wax as it will melt causing great prejudice to the petitioner - petitioner claims that since Residue Wax is declared as freely importable goods, the value declared by the petitioner has to be accepted as correct as per the provisions of the Customs (Provisional Duty Assessment) Regulations, 1963 - Held that - only reason for non releasing of the goods is that the petitioner has undervalued the goods at USD 325 per MT - writ petition is disposed of - provisional release of the goods in regard to deposit with the custom authorities the duty payable on the value declared by them i.e. USD 325 Per MT and 50% of the differential duty

Summary

Issues:
1. Undervaluation of imported goods
2. Withholding of goods by customs authorities
3. Provisional release of goods pending investigation and adjudication

Issue 1: Undervaluation of imported goods
The petitioner imported 71,924 MTS of Residue Wax and declared the value at USD 325.00 per MT. However, the customs authorities alleged undervaluation, stating the actual value to be USD 856.25 per MT based on investigations. The authorities requested the petitioner to deposit duty amount and provide a bank guarantee to safeguard the revenue. The petitioner argued that Residue Wax is freely importable, and the declared value should be accepted under Customs Regulations. The court analyzed the discrepancy in values and considered the circumstances of the import to determine the provisional release conditions.

Issue 2: Withholding of goods by customs authorities
The customs authorities withheld the goods due to alleged undervaluation by the petitioner. They requested duty payment, bank guarantee, and a bond based on the assessed market value. The petitioner sought provisional release, citing potential prejudice if the goods were not released promptly. The court examined the documents and submissions from both parties to assess the situation and decide on the provisional release conditions to balance the petitioner's interests and revenue protection.

Issue 3: Provisional release of goods pending investigation and adjudication
The court referred to relevant legal provisions, including Customs Regulations and the Customs Act, regarding provisional duty assessment and release of seized goods pending adjudication. Considering previous court decisions and the perishable nature of goods, the court ordered the provisional release of the goods with specific conditions. The conditions included depositing the duty payable on the declared value, 50% of the differential duty, and furnishing a personal bond for the remaining amount. The court emphasized the need for cooperation in the ongoing investigation and adjudication process while allowing the provisional release of the goods.

In summary, the judgment addressed the issues of undervaluation of imported goods, withholding of goods by customs authorities, and the provisional release of goods pending investigation and adjudication. The court examined the discrepancies in the declared and assessed values, considered legal provisions, and previous court decisions to determine reasonable conditions for the provisional release of the goods. The decision aimed to balance the petitioner's interests with revenue protection and the ongoing investigative and adjudicative processes.