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2011 (3) TMI 470 - GUJARAT HIGH COURTSeizure - notification No. 26/2000 dated 1-3-2000 - Misdeclaration - Since the petitioners require release of the goods provisionally on certain terms and conditions as permitted under the Customs Act, the petitioners pressed for such release with the Authority - On the condition that petitioners pay full import duty, if they so chose, under protest, such goods can be cleared subject to further proceedings between the parties - 20 containers of the petitioners covered under seizure panchnama dated 1-2-2011 shall be released provisionally on petitioners paying full import duty Regarding 12 Containers - Held that: it would be open for the Customs Authorities to insist that the petitioners pay full import duty and also give bond for the entire amount of value of the goods, 25% of which may be in form of bank guarantee as envisaged in circular No. 686/2/2003 dated 2-1-2003 - when the past clearances have not been reopened either by issuance of show cause notice or any other mode envisaged under the Customs Act and Rules thereunder, merely on the ground that in the present case, department has reason to believe that there are mis-declarations, to permit them to impose additional conditions covering past consignments would not be possible - 12 containers of the petitioners covered under seizure panchnama dated 4-1-2011 shall be released on petitioners paying full import duty and giving bond for full amount of value of goods including 25% bank guarantee as provided in circular No. 686/2/2003 dated 2-1-2003 - Appeal is disposed of
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