9911796707
TMI Blog2023 (12) TMI 1113X X X X Extracts X X X X X X X X Extracts X X X X ..... s Act, have recourse to the right to export as contemplated under Section 69 of the Customs Act without paying import duty, and the concerned must examine this question simultaneously with the question whether the petitioner, even if it does not derive any profit from export of the warehoused consignment, would be liable to pay import duty, and conversely, whether the Revenue would be entitled to recover import duty. These aspects will have to be considered recording reasons for the conclusion to enable complete adjudication. In view of the exigent circumstance viz. that the consignment is a perishable commodity with a shelf life which expires on 21.12.2023 and the petitioner proposes to export the consignment within this time filing shi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ption. The petitioner has also sought for quashing the first respondent s communication dated 05.09.2023 [Annexure-R] calling upon the petitioner to furnish the Provisional Duty Bond equivalent to the assessable value and the Bank Guarantee equivalent to 115.50% of the assessable value. 2. Ms. Neethu James, the learned counsel for the petitioner, is categorical that the petitioner, in the circumstances of the case, would confine the petition to the first prayer and not insist upon the second prayer. The petition is taken up for consideration in the light of this submission and the further submission that the imported crude Palmolein has a shelf life up to 21.12.2023 and if it is not utilized by then, its value would be drastically reduce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessable value of the consignment, and the learned counsel also submits that the furnishing of bank guarantee would be imperative in the Revenue s interest given the fact that the investigation is under way on whether the previous imports by the petitioner has been of crude Palm Oil or crude Palmolein. In support of the respondents contention that the petitioner will have to furnish the bank guarantee, he places reliance upon the decision of a Division Bench of the Gujarat High Court in R/Special Civil Application No. 1715/2022 which is disposed of on 27.01.2022. 6. In rejoinder, Ms. Neethu James submits that the petitioner, notwithstanding the profit that the petitioner could possibly make on export of the present consignment, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port of the warehoused consignment, would be liable to pay import duty, and conversely, whether the Revenue would be entitled to recover import duty. These aspects will have to be considered recording reasons for the conclusion to enable complete adjudication. 9. In view of the exigent circumstance viz. that the consignment is a perishable commodity with a shelf life which expires on 21.12.2023 and the petitioner proposes to export the consignment within this time filing shipping bills and other documents to demonstrate that it cannot receive a price which is more than the price at which the consignment is imported, the proper officer must consider these questions and take a decision within a reasonable time, and this Court must observe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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