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TMI Blog2013 (4) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... ase, provisional release of the goods in question, is ordered with the following conditions: - i) The petitioner shall deposit with the customs authorities the duty payable on the value declared by them - ii) The petitioner shall deposit with the customs authorities 50% of the differential duty - iii) The investigation is yet to be completed and the adjudication has also to be done. Therefore, it is needless to state that this order shall not stand in the way of the respondents to proceed with the investigation and also the adjudication process. In such an event, the petitioner shall co-operate with the respondents for conclusion of the investigation as well as the adjudication proceedings. The Writ Petition is disposed of - No costs - Consequently, the connected miscellaneous petition is closed. - W. P. No. 3821 of 2013 And M. P. No. 1 of 2013 - - - Dated:- 27-3-2013 - V. Dhanapalan,J. For Petitioner : Mr. A. K. Jayaraj For Respondents : Mr. Vikram Ramakrishnan, CGSC, Mr. Velayutham Pichaya, CGSC ORDER Heard Mr.A.K.Jayaraj learned counsel for the petitioner and Mr.Vikram Ramakrishnan, learned Central Government Standing Counsel appearing for the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... received from the DRI Officers. The petitioner's premises were searched by the DRI Officers and nothing incriminating was found. The DRI had issued summons on the partner of the petitioner and they appeared before the Officers, who took statement from the petitioner and they had also furnished Sales Contract made with the supplier for import of the above goods. The DRI officers thereafter, issued another summons to appear before them, for which the petitioner had asked for time. (d) The continued seizure of goods is causing acute financial hardship, as the goods are incurring demurrage, interest on borrowed capital, besides the goods viz., Picture Frame and Snap Fasteners are having short life and got damaged. The action of the respondents in not ordering the release of the goods is causing much prejudice to the petitioner. Therefore, the withholding of the subject goods covered under the aforesaid Bill of Entry is exposing the petitioner to severe financial burden of demurrage charges and the action of the respondents herein is therefore void-ab-initio, bad in law, mala-fide and perverse, as there is no fault on the part of the petitioner. (e) The petitioner has made several r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the DRI Officers. The petitioner's premises were searched by the DRI Officers and nothing incriminating was found. The DRI had issued summons on the partner of the petitioner and they appeared before the Officers, who took statement from the petitioner and they had also furnished Sales Contract made with the supplier for import of the above goods. The petitioner has made several representations to the respondents herein for the provisional release of the goods which are now lying in Chennai Port. 6. It is the case of the respondents that the goods in question were undervalued and they were seized under the Act. Further investigation in the subject matter is in progress and hence, provisional release of the goods as sought for by the petitioner could not be entertained. 7. While examining the claim of the petitioner for the provisional release of goods, the circumstances under which the import was done, have to be looked into and thereafter, the value so declared by the petitioner is a matter to be taken into account. The petitioner declared the value of the goods as USD 30,788.31 (CNF Chennai) totally, which according to the respondents is low. The further investigation is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (2011 (269) ELT A146 (SC)), relied upon by the petitioner, the condition imposed for provisional release of the goods is only by a bank guarantee and in order to safeguard the interest of the Department, the petitioner has to pay 30% of the differential duty and shall furnish bank guarantee for 20% of the differential duty and for remaining 50%, the petitioner-Company should furnish a bond. The learned counsel further submitted that in case the Department succeeds in the adjudication proceedings, it is not possible for the Department to recover any 'amount' if the goods are released. 11. It is seen that in Notification No.81/2011-Customs (N.T.), dated 25.11.2011 issued by the Government of India, Ministry of Finance, Department of Revenue (Central Board of Excise and Customs), the Customs (Provisional Duty Assessment) Regulations, 2011 were brought into force, which inter-alia provided the following:- "1. Short title and commencement: (1) These regulations may be called the Customs (Provisional Duty Assessment) Regulations, 2011. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Conditions for allowing provisional assessment.- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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