TMI Blog2015 (4) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... erial relied upon by the Customs authorities, to doubt the correctness of the aforesaid certificates and invoices, is the detection of certain gunny bags in the containers that held the imported goods, which gave rise to a suspicion that the goods could have been sourced from Indonesia. - goods can be permitted a provisional clearance on the petitioner executing a bond for the assessable value, paying duty on the consignment in terms of the SAFTA notification, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayment of duty in terms of SAFTA Notification; 3. Payment of 20% of differential duty [on tariff rate]; 4. Cash deposit/BG from a Nationalized Bank towards remaining portion of 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 permitted clearance at an early date, but the insistence of the respondents for exorbitant amounts by way of bank guarantee would render futile the attempts of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... effect to a multilateral agreement entered into between South Asian Countries, to which both India and Pakistan were signatories. I am, therefore, of the view that the goods can be permitted a provisional clearance on the petitioner executing a bond for the assessable value, paying duty on the consignment in terms of the SAFTA notification, 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 of goods im ..... X X X X Extracts X X X X X X X X Extracts X X X X
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