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TMI Blog2024 (9) TMI 1262X X X X Extracts X X X X X X X X Extracts X X X X ..... a jewellery and in worst case scenario can be called semi-finished jewellery, both of which are importable free. According to revenue, these goods are crude rounded structure made of embossed silver strips which are joined together to make it look like bangles. The samples shown to us by respondent's officer atleast prima facie looks like they are bangles. 3. At the same time without going into details, Mr. Shah states that even assuming they are restricted, petitioner should be allowed to clear the goods provisionally on such terms and conditions as the Court may fix. 4. Mr. Shah relied upon Section 125 of the Customs Act, 1962 which provides for even release of prohibited goods on such terms and conditions as proper officer would decide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder, such option shall become void, unless an appeal against such order is pending. Explanation. - For removal of doubts, it is hereby declared that in cases where an order under sub-section (1) has been passed before the date on which the Finance Bill, 2018 receives the assent of the President and no appeal is pending against such order as on that date, the option under said sub-section may be exercised within a period of one hundred and twenty days from the date on which such assent is received." 5. Therefore under sub-section (1) of Section 125, whenever confiscation of any goods is authorised by this Act, the officer adjudging it may, in the case of any goods, the importation or exportation whereof is prohibited under this Act or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,299.47. Mr. Shah states 50% of that would be Rs. 3,85,40,149.73. We shall round it off to Rs. 1,40,00,000/-. Upon petitioner giving a bank guarantee of a nationalised bank for Rs. 1,40,00,000/-, respondent shall permit petitioner to provisionally clear the goods.
10. All rights and contentions are kept open.
11. Investigation shall be completed by 31st December 2024. Mr. Chadrashekhar states that it is DGFT which has to give inputs and the concerned officer of Custom Department has addressed two communications for which there is no reply. We direct DGFT to respond and co-operate with the Customs Officer promptly and in any case respond to the letter already addressed, by 10th October 2024.
12. Petition disposed. X X X X Extracts X X X X X X X X Extracts X X X X
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