2014 (7) TMI 776 - HC - Customs

Conditions for provisionally release the goods, viz., electronic components - perishable goods - Held that - since the goods are perishable, the same cannot be retained by the respondents, indefinitely. At the same, the interest of the Department also is to be protected. It is the duty of the respondents to recover the tax, penalty and in the event of confiscation, recover the amount in lieu of confiscation proceedings. All these things should be taken care of. - release of goods ordered subject to certain conditions - decided partly in favor of assessee.

Summary

Issues:
Mandamus for provisional release of seized goods under Customs Act, 1962.

Analysis:
The petitioner filed a writ petition seeking a mandamus to direct the respondents to provisionally release electronic components seized under the Customs Act, 1962. The petitioner had already paid a substantial amount of Rs. 23 lakhs. Reference was made to a Division Bench judgment of the Madurai Bench and a Supreme Court judgment in the case of Navshakti Industries Pvt. Ltd. vs. Commissioner, providing directions to the respondent-assessee. The petitioner expressed willingness to comply with any conditions imposed by the Court and appear before the adjudicating authority.

The second respondent's counsel highlighted that any payment by the petitioner would be subject to verification, as Customs authorities had initiated action and a show cause notice had been dispatched but not served due to the locked door. The respondents argued against releasing the goods, emphasizing the need for the petitioner to participate in the adjudicating process.

After hearing both parties and examining the records, the Court considered the perishable nature of the goods and the Department's interest in recovering tax, penalty, and potential confiscation amounts. Referring to judgments from the Apex Court and the local Court, the Court directed the respondents to release the goods under specific terms. The petitioner was directed to deposit 50% of the tax to be determined by the Department, execute a bank guarantee for 25% of the tax amount, and provide a personal bond for the remaining 25%. Additionally, a personal bond for the entire value of the goods was required. The Department was instructed to assess the tax promptly, with the petitioner given a short period to comply with the payment directions.

Ultimately, the writ petition was disposed of without costs, and the connected miscellaneous petition was closed. The judgment balanced the petitioner's request for provisional release with the Customs Department's need to ensure tax compliance and safeguard its interests in the case of potential confiscation.