9911796707
Advanced Search 
TMI Blog2015 (9) TMI 292X X X X Extracts X X X X X X X X Extracts X X X X ..... his Court on 23/04/2015. 2. The petitioner has imported the goods from China to the tune of Rs. 2,51,25,568/- and on the said imported goods the petitioner paid the amount to the tune of Rs. 69,48,207/- on 19/02/2015. 3. On 23/02/2015, the goods were seized and the custom duty was accepted by the Department as the same was evaluated by the Government approved valuer as prescribed by the Department. 4. On a writ petition filed by the petitioner prayer for interim relief was made that there is a provision under Section 110 (A) of the Customs Act, 1962 regarding provisional release of goods, documents and things seized pending adjudication. 5. This Court, on 23/04/2015, after hearing the learned counsel for the parties, in presence of Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion letter dated 7/05/2015, the Assistant Commissioner(Customs) directed to release seized goods of Bill of Entry No.000515 dated 12/02/2015 provisionally on the following conditions:- (a) on execution of Bond equal to assessed value of the goods. (b) Payment of applicable duty which may be adjusted from Rs. 69,48,207/- already paid. (c) Security as per norms under Customs Law and procedure for likely fine and penalty. 8. On 5/06/2015(Annexure-P/5), the Assistant Commissioner(Customs), requested to Ms/Allcargo Logistics Ltd.; (CD-KHEDA), Pithampur to retain 25% of value of goods as security in lieu of Bank Guarantee as per list enclosed of seized goods and release the remaining goods. 9. It is submitted by the learned counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 111 of the said Act, shall be liable to penalty as imposed by the Adjudication Authority. The condition imposed by the Adjudication Authority is a safeguard for fine/penalty which may be imposed subsequently during the adjudication proceedings and prayed for dismissal of the application. 11. To counter the aforesaid submissions of the learned counsel for the respondent No.2, learned counsel for the petitioner has submitted that the petitioner under the threat and pressure deposited a sum of Rs. 66,12,005/- on the previous consignments which were cleared only after the Government approved valuer, valued the goods and the Custom Officers had no iota of doubt about the consignment. He submitted that in respect of present consign ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... observed that the condition of furnishing of bond for value of seized goods and payment of differential duty, does not put extraordinary financial burden on importer and does not constitute impediment, in their normal business functioning.
14. On due consideration of the aforesaid, without expressing any opinion on merits of this case, at this stage, we stay the condition of retaining 25% goods and direct the respondents to release the whole goods on other conditions imposed on the letter of provisional release issued by the authorities and after examining the fact that the whole duty amount had already been paid by the petitioner, subject to result of the writ petition.
15. With the aforesaid, I.A. No.3240/2015 is allowed. X X X X Extracts X X X X X X X X Extracts X X X X
|
