9911796707
TMI Blog2008 (12) TMI 221X X X X Extracts X X X X X X X X Extracts X X X X ..... Customs Act. The petitioner shall remit the duty payable as per the invoice value, viz; ₹ 14,57,712/- along with 50% of the amount imposed as fine and penalty viz; ₹ 3 Lakhs plus ₹ 1 Lakh within one week from today. The petitioner shall also furnish bank guarantee for an amount of ₹ 22,66,690/- (Twenty two lakhs sixty six thousand six hundred and ninety only). - 31005 and 36171 of 2008 - - - Dated:- 16-12-2008 - V. Giri, J. [Judgment]. - Since common contentions are raised in these writ petitions, they have been heard together and are being disposed of by this common judgment. 2. The petitioner in W.P.(C) No. 31005 of 2008 imported a Hummer H2 car of 2003 model. The car was inspected and it seems that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the custody of the petitioners on conditions. I take note of the fact that there is no dispute regarding the identity of the importer. There is no case registered against the petitioner for contravention of any penal provision under the Customs Act. 6. In these circumstances, writ petitions are disposed of with the following directions : (i) Insofar as W.P.(C) No. 31005 of 2008 is concerned, the petitioner shall remit the duty payable as per the invoice value, viz; Rs. 14,57,712/- along with 50% of the amount imposed as fine and penalty viz; Rs. 3 Lakhs plus Rs. 1 Lakh within one week from today. The petitioner shall also furnish bank guarantee for an amount of Rs. 22,66,690/- (Twenty two lakhs sixty six thousand six hundred and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner of Customs, Kochi. (vi) Petitioner shall also remit an amount of Rs. 1,87,500/- being 50% of the amount payable as fine and penalty as per Ext. P5 order, drawn in favour of the Commissioner of Customs, Kochi. (vii) Petitioner shall remit with the Cochin Port Trust demurrage determined on the basis of the invoice value and shall also furnish a bank guarantee in favour of the Cochin Port Trust for the differential amount payable as demurrage, calculated on the basis of the assessed value. On satisfaction of the conditions, as mentioned above, the vehicles shall be released to the petitioners in W.P. (C) Nos. 31005 of 2008 and 36171 of 2008 without further delay. Subject to the final outcome of the proceedings before s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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