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Issues:
- Writ of Mandamus for clearance of Mulberry Raw Silk consignments - Disagreement on the value declared for imported goods - Demand for duty payment at a specific value - Execution of Personal Bond instead of Bank Guarantee Analysis: The judgment revolves around a Writ Petition seeking the issuance of a Writ of Mandamus for the clearance of Mulberry Raw Silk consignments imported under specific Bills of Entry. The petitioner argued that the value declared for the goods should be accepted based on previous Tribunal decisions and Supreme Court precedents. The Department, represented by the Additional Solicitor General, contended that each transaction should be treated independently, and the price fixed for one importer cannot be automatically applied to another due to various factors influencing pricing. The Tribunal's acceptance of the price declared by another importer for similar goods was a crucial point in the petitioner's argument. The petitioner expressed willingness to pay duty on the declared value and execute a Personal Bond for any differential duty. The Department, however, demanded duty payment at a higher value per kg and proposed the requirement of a Bank Guarantee for the differential duty. In response, the petitioner, citing past compliance and substantial duty payments, requested to substitute the Bank Guarantee with a Personal Bond. After considering the arguments from both sides, the court directed the release of the Mulberry Raw Silk Consignments to the petitioner upon payment of duty at a specified value per kg and the execution of a Personal Bond for the differential amount. The judgment also outlined conditions for investigation/assessment cooperation and set a timeline for the release of goods. The Writ Petition was disposed of accordingly, and the connected application was closed without costs.
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