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2019 (10) TMI 671 - HC - CustomsAuthorization for important clearance of secondhand digital multifunction print and copying machines - HELD THAT:- Writ petitions for similar prayer have been entertained and interim orders issued - Therefore, without going into the aspect of suppression and consequently maintainability of the writ petitions, and having regard to the main prayer sought for, and the interim orders granted earlier, we deem it fit to order provisional release of goods on the same terms, as done in the case of M/S. ASIAN COPIERS VERSUS THE COMMISSIONER OF CUSTOMS, ADDITIONAL COMMISSIONER, THE ASSISTANT COMMISSIONER, THE DIRECTOR GENERAL OF CUSTOMS, THE UNION OF INDIA [2019 (2) TMI 1659 - MADRAS HIGH COURT]. It is directed that applicable duty on the enhanced value, as determined by the Chartered Engineer, would come to around ₹ 2 lakhs and above. Goods need not be detained for the disputed amount to be paid - Petitioners are directed to pay the duty applicable on the enhanced value, as determined by the Chartered Engineer. On payment of the same, goods detained in the Custom Fleet Stations, licensed by the Customs, be released. Till the date of release of goods, demurrage charges be waived. Other disputes raised in the writ petitions, would be decided. The request of the writ petitioners, is reasonable and therefore, hope that the respondents would implement the interim order of this Court, without any delay - petition dismissed.
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