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2023 (12) TMI 697 - HC - CustomsFinalization of provisional assessment - release of Bank Guarantee which had been furnished by the petitioner awaiting finalization of the provisional assessment proceedings - HELD THAT:- The claim for interest as raised by the petitioner clearly merits acceptance. As it is found, the DRI had duly completed the COO Certificates verification exercise and had also shared the requisite results thereof with the respondents. Despite the above, the respondents failed to conclude the provisional assessment proceedings. The information in respect of the COO Certificate verification had been shared with the field authorities way back in 2016. There was thus no justification for the respondents having failed to render a closure to the proceedings at that stage itself. We were also not apprised of any other legal impediment that may have operated and restrained the respondents from finalizing the provisional assessment. It also becomes pertinent to note that the provisional assessment itself was initiated not on an allegation of any undervaluation or wrongful declaration of the value of goods, the same was founded solely on the opinion formed by the respondents that the COO Certificates merited verification. In view of the above, it is opined that the indolence exhibited by the respondents is rendered wholly arbitrary. The respondents are directed to release the BG and any other monies retained forthwith subject to whatever final orders that they may choose to pass while finalizing the provisional assessment proceedings - petition allowed.
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