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TMI Blog2016 (3) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... d as per RBI guidelines. - WP (C) 5833/2015 & CM No. 10518/2015 - - - Dated:- 5-2-2016 - S. Muralidhar And Vibhu Bakhru, JJ. For the Appellants : Mr Abhishek Anand Mr YogendraAldak, Advs For the Respondent : Ms Shraddha Bhargava, Adv ORDER 1. Although one of the issues raised in this writ petition concerns the entitlement of the Petitioner to avail of the benefit under the Status Holders Incentive Scrips (SHIS) in respect of exports made in the year 2011-12 not with standing that it has utilized the Zero Duty EPCG authorizations for a subsequent period, learned counsel for the Petitioner states that the immediate grievance of the Petitioner concerns the provisional release of the goods that were seized by the Directo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reply of Department of Customs (Respondent Nos.3 4) is concerned, it is pointed out that a SCN has already been and, therefore, the Petitioner should pursue the statutory remedy in the event it is aggrieved by the conditions for provisional release of the goods. 5. As far as the issue of provisional release of goods is concerned, the Court's attention has been drawn to the decision in Navshakti Industries Pvt. Ltd. v. Commissioner of Customs, ICD, TKD, New Delhi (2011) 267 ELT 483 (Del) in which the Court permitted the provisional clearance of the goods on the furnishing of a bond in the sum of 20% of the differential duty to the satisfaction of the concerned Commissioner of Customs. That order was assailed in a Special Leave Peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... modification of the conditions imposed by the order dated 23 rd February, 2015 passed by the Deputy Commissioner of Customs,ICD, Tughlakabad, New Delhi, the Court directs that the provisional release of the seized goods would be allowed in favour of the Petitioner subject to the Petitioner executing a bond in a sum equal to 100% of the value of the goods and further furnishing security in the form of a bank guarantee for a sum equivalent to 30% of the differential duty, with an auto renewal clause and as per RBI guidelines. 8. Learned counsel for the Petitioner states that the Petitioner is not raising any dispute as regards the quantity and weight of the goods seized. The Court declines to express any view on the other contentions raise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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