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TMI Blog2015 (4) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... M Aneesh, Sri Adarsh Kumar. For the Respondent : Sri N Nagaresh, Asst Colicitor General, Sri John Varghese, Cen. Board of Excise. ORDER The petitioner, who had imported a consignment of arecanut from Pakistan, had sought clearance of the consignment at the concessional rate of duty, as applicable to imports effected under the South Asian Free Trade Area Agreement (for short, 'SAFTA'). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... differential duty. 2. In the writ petition, the petitioner is essentially aggrieved by condition No.4, to the extent it insists on a cash deposit/bank guarantee from a Nationalised Bank towards the remaining portion of the differential duty, as a condition for the release of the goods. It is the contention of the petitioner that the goods being perishable in nature, it is essential that they are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vant documents, such as the certificate of origin issued by the Karachi Chamber of Commerce and Industry/Trade Development Authority of Pakistan, and the invoice that accompanied the consignment, clearly indicated that the goods were of Pakistani origin. As against this, the only material relied upon by the Customs authorities, to doubt the correctness of the aforesaid certificates and invoices, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, and paying 35% of the differential duty (on tariff rate) in respect of the consignment that has been imported. The petitioner shall also furnish a bond, without any surety or security, in favour of the respondents towards the remaining portion of the differential duty. I make it clear that, if the petitioner complies with the aforesaid conditions, the respondents shall release the consignment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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