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TMI BlogGuidelines for expeditious Customs clearance/provisional releaseX X X X Extracts X X X X X X X X Extracts X X X X ..... c., the stress is on expeditious assessment/investigations. Further, unless the goods are prohibited or involved in serious fraud even if there is a dispute in assessment etc., provisional release option is given to the importers. 2.2 Goods are not to be detained on simple valuation or classification disputes. If it becomes necessary to detain the goods for investigation of any serious suspecte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act; Amount of penalties that may be levied under the Act as applicable at the time of adjudication; The competent authority may increase or decrease the amount of Security Deposit. 2.5 The adjudicating authority, specifying the reason, may deny provisional release of any goods which are liable to confiscation under Section 111 of 113 or as defined as Prohibited Goods under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etion the scope of judicial review if the discretion has been rightly exercised, that treatment of all types of wrongful imports on an equal footing might result in miscarriage of justice, hence the said Section leaves some margin to the Customs in the exercise of their discretion. 2.7 The Bond shall contain an undertaking that the importer shall pay the duty, fine and or penalty as the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he statutory compliance requirements/obligations in terms of any Act, Rule, Regulation or any other law for the time being in force; (iii) Goods specified in or notified under Section 123 of the Customs Act, 1962 ; (iv) Where the competent authority, for reasons to be recorded in writing believes that the provisional release may not be in the public interest. [Refer circular 35/2017 d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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