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2013 (10) TMI 1261 - HC - CustomsConfiscation - classification and valuation - conditions for release of goods - 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 As the Department is already retaining a sum of Rs. 2 crores, the interest of the revenue stands protected. In the facts and circumstances, the conditions imposed in the present order under clauses No.2 to 5 providing furnishing of bank guarantees to the tune of the determined FOB value in the case of both the petitioners and for submission of solvency certificate and thirdly, the condition of furnishing of undertaking that the identity and quantity of the goods would not be disputed are onerous and are hereby quashed. The respondents are directed to release the goods to the petitioners within a period of 2 weeks from the date of receipt of a certified copy of this order after ignoring the conditions imposed in clauses No.2 to 5. - Following decision of AMIT ENTERPRISES Versus UNION OF INDIA [2011 (5) TMI 375 - PUNJAB & HARYANA HIGH COURT] and Era International Versus UOI and Ors. [2011 (8) TMI 885 - Punjab and Haryana High Court], decided in favor of assessee.
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