9911796707
TMI Blog1996 (7) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court under similar situation and orders of similar nature have been passed by this Court to release the goods on the terms and conditions mentioned in those orders but nothing could be found for the last two or three years against the persons concerned in the matter of under invoicing of the value of the consigned goods disclosed by such persons. The learned Advocate for the Customs Authority o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 20% of declared C.I.F. value. Let this instruction produced by the learned Counsel for the Customs Authority be kept with the record. 2.Mr. Kapoor, the learned Advocate appearing on behalf of the petitioners submit that an attempt was made by the Customs Authority to find out whether really under invoicing of the C.I.F. value of the goods consigned was really made by the persons who are brin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... could not produce any order which is not similar to the order passed in the aforesaid case (Suresh Kumar Banthia v. Collector of Customs) nor any order of the Division Bench setting aside the decision rendered in 1993 (65) E.L.T. 363 (Cal.). At the same time the submission of Mr. Kapoor that attempts were made by the Customs Authority to find out as to whether really under invoicing of valuation o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - 1993 (65) E.L.T. 363 (Cal.). The Customs Authority are directed to release the consignment of umbrella panels in question subject to the writ petitioner executing the bond in favour of the Collector of Customs Calcutta in such a manner as may be directed by the Authorities. The Customs Authority shall indicate the nature of the bond to be executed by the writ petitioner within a period of 48 hou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that there is material for it to do so. 7.It is not disputed by the learned Counsel or the Customs Authority that in terms of an earlier order passed on the same application, Bank Guarantee has been furnished by the writ petitioner for the release of goods in question. In view of the order passed today it is not necessary now to direct that the Bank Guarantee which has been furnished by the wri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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