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TMI Blog2023 (11) TMI 921X X X X Extracts X X X X X X X X Extracts X X X X ..... Satish Sundar For the Respondent : Mr.A.P.Srinivas Senior Standing Counsel ORDER This writ petition has been filed for issuance of a writ of mandamus, to direct the respondents, particularly the 3rd respondent to assess and cause release of goods imported covered under Bills of Entry Nos.8532704 dt.30.10.2023, 8511619 dt.28.10.2023, 86713278 dt.06.11.2023 and 7825331 dt.14.09.2023 pertaining to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taking any decision, the Bills of Entry were kept pending by the respondents and not releasing the goods. 3. Heard the learned counsel appearing for the petitioner as well as the learned Senior Standing Counsel appearing for the respondents and perused the materials available on record. 4. In terms of the notification No.5 of 2023 dated 08.05.2023 issued by the respondent Department, no importe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n appeal in W.A.No.2626 of 2023 dated 18.10.2023 wherein the Division Bench of this Court has directed to release the goods subject to execution of Bank Guarantee for the differential rate of duty, i.e. the price determined by virtue of notification i.e. Rs. 50 per kg. minus the price shown in the Bills of Entry (Rs.50 - Rs. 32 to Rs. 35). The relevant portion of the judgment of the Division Bench ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at 50% on Rs. 23,73,025.00 = Rs. 11,86,512.50 (C) Total differential duty payable is (B) - (A) (i.e.) Rs. 2,27,467.30 14. In the light of the above, the appellant is directed to release the subject goods on furnishing of bank guarantee to the tune of Rs. 2,25,000/- towards differential duty, by the respondent. It is made clear that this interim arrangement would be made only to safeguard the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hin a week's time, upon execution of Bank Guarantee by the petitioner for the differential duty, on the same line as held by the Hon'ble Division Bench of this Court. However, this is subject to the outcome of the Writ Appeal No.2626 of 2023. 8. In the event, if the notification No.5 of 2023 dated 08.05.2023 is upheld by the Hon'ble Division Bench, certainly the respondents are entitl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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