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2011 (5) TMI 375 - PUNJAB & HARYANA HIGH COURTConfiscation - classification and valuation - The petitioner filed seven bills of entry for clearing the said goods in 31 containers on different dates in January 2011 but the custom authorities did not allow clearance on the ground that the material so imported was not scrap but re-rollable metal attracting 5% basic custom duty - On furnishing a declaration in the form of an affidavit that the party will not challenge the value and identity of the seized goods during the course of adjudication or prosecution proceedings, if any whether continued detention of goods can be justified - Mere fact that condition of 10% of bank guarantee was upheld by this Court in T.L. Verma and M/s. Kundan Rice Mills cannot be justification to impose such conditions in each and every case - Mere fact that there is a power to confiscate does not mean that such power could be exercised mechanically or arbitrarily - The department has not shown prima facie case for exercise of power of confiscation and has only relied upon existence of power - Held that: the requirement of bank guarantee equal to 25% of the value of goods is clearly arbitrary and mala fide and the said condition cannot be sustained - Decided in favour of the assessee
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