2012 (9) TMI 464 - HC - Customs

Provisional release of the goods - import of silk yarn - Held that - As the value of the silk yarn imported by the petitioner, from Vietnam, had been fixed, as USD29.5 per kilogram the respondents are directed to release the goods in question on the petitioner paying the customs duty equivalent to 75% of the value of the goods, as fixed by the authorities concerned, at USD29.5 per kilogram. For the balance 25% of the customs duty payable by the petitioner, the petitioner shall furnish a personal bond to the satisfaction of the respondents.

Summary

Issues:
Provisional release of goods subject to specified conditions.

Analysis:
The petitioner sought provisional release of goods subject to conditions similar to previous orders. The conditions included immediate payment of the duty as per declared value, provision of a bank guarantee for 50% of the difference in duty, and a personal bond for the remaining 50%. Upon fulfilling these conditions, the goods were to be released, and the adjudication process completed within four weeks of release.

In response, the respondents submitted a counter affidavit stating that previous consignments were finalized based on a proposed value of USD29.5 per kilogram. They confirmed the value of the silk yarn imported by the petitioner and allowed the petitioner to take delivery by paying customs duty at the fixed value.

After considering the submissions from both parties and reviewing the records, the court directed the respondents to release the goods upon the petitioner paying customs duty equivalent to 75% of the fixed value of USD29.5 per kilogram. The petitioner was required to furnish a personal bond for the remaining 25% of the customs duty. The respondents were instructed to complete the adjudication process within four weeks of the goods' release, including issuing a show cause notice for further proceedings.

The writ petition was granted accordingly, with no costs, and the connected miscellaneous petition was closed.