TMI Blog2006 (3) TMI 176X X X X Extracts X X X X X X X X Extracts X X X X ..... he issuance of a Writ of Mandamus, directing the respondents to permit clearance of Mulberry Raw Silk consignments covered under Bills of Entry Nos. 972198 and 972199 dated 4-3-2006; 976430 dated 8-3-2006 and 957591 dated 4-2-2006 imported by the petitioner under the Sales Contract No. 25 SZHCS 115 dated 24-6-2005 by assessing the same. 3. Mr. K. Jayachandran, the learned counsel appearing for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the value declared by the petitioner should be accepted by the respondents and allow clearance of the goods imported by the petitioner. 5. Per contra, Mr. V.T. Gopalan, the learned Additional Solicitor General, has submitted that each transaction should be considered independently and the price fixed for the goods imported by one importer cannot be applied as the price for the goods imported b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idering the fact that the petitioner is a regular importer and the petitioner has paid huge amount of duty in respect of the same goods imported by him in the past, the petitioner may be permitted to execute a Personal Bond, instead of Bank Guarantee, towards the differential duty. 8. Considering the arguments of the learned counsel on either side, the respondents are directed to release the Mul ..... X X X X Extracts X X X X X X X X Extracts X X X X
|