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2016 (3) TMI 430 - HC - CustomsWrit petition - Provisional release of goods - As per Circular No. 34/2015 dated 29/30th December 2015, petitioner is required to furnish 100% bank guarantee for the duty element - Held that:- in relation to the alert Circular No. 34/2015 dated 29/30th December 2015, the court has observed that, to the extent that it curtails discretion of the quasi judicial authority exercising powers under the Customs Act, 1962 to order provisional release of goods subject to conditions, it cannot be sustained in law. In other words, it is not open to the Directorate of Revenue Intelligence ('DRI') to issue a circular to insist that in all cases of provisional release, the quasi judicial authority considering such request must impose a condition of providing a bank guarantee equivalent to differential duty. To that extent the alert Circular dated 29/30th December 2015 is directed not to be given effect to. Therefore, following the aforementioned order of the Court, it is directed that the provisional release of the goods will be allowed in favour of the Petitioner subject to the Petitioner executing a bond for a sum equivalent to the 100% of the value of goods and furnishing a security in the form of a bank guarantee for a sum equivalent to 30% of the differential duty, with an auto renewal clause and as per RBI guidelines. - Petition disposed of
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