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Esson Furnishing Pvt Ltd. Versus Principle Commissioner of Customs (Import) Inland Container Depot, Tughlakabad & Anr.

2015 (12) TMI 929 - DELHI HIGH COURT

Detention of goods - Provisional release of goods - Held that:- Show cause notice has been issued to the petitioner inter alia requiring the petitioner to show cause as to why the amount of ₹ 35,00,000/- deposited voluntarily during investigation should not be appropriated against the demand raised in the said show casue notice. This means that till there is an adjudication consequent upon the said show cause notice, the said sum of ₹ 35,00,000/- cannot be appropriated against the sa .....

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ase the said goods within ten days subject to the other conditions being complied with. - Decided in favour of assessee. - W.P.(C) 8396/2015 - Dated:- 21-9-2015 - MR. BADAR DURREZ AHMED AND MR. SANJEEV SACHDEVA, JJ For the Petitioner : Mr Pradeep Jain, Advocate. For the Respondent : Mr Satish Kumar, Advocate, Mr Amish Aggarwala with Mr Satish Aggarwala, Advocates ORDER The petitioner is aggrieved by the fact that the goods which have been detained by the respondents at the various godowns at Del .....

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ned/seized at your various godowns at Delhi, Ghaziabad and Thane - reg. Please refer to your letter dt. 13.03.2015 on the above subject addressed to DRI (MZU). In this regard, it is informed that the competent authority has allowed provisional release of the goods seized at above mentioned address, subject to the following conditions:- (i) On payment of estimated differential duty amounting to ₹ 33,87,526/-. (ii) On execution of bond for full value (seizure value in this case) of the goods .....

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s at the earliest. Yours sincerely, Deputy Commissioner (SHB) ICD-Import, Tughlakabad Copy to:- (i) The Deputy Commissioner, (Bond), ICD-Import, Tughlakabad, New Delhi. (ii) The Deputy Director, Directorate of Revenue Intelligence, Mumbai Zonal Unit, 3rd Floor, UTI Building, Sir Vithaldas Thakersey Marg, New Marine Lines, Mumbai-400 020 in respect of your office letter vide F. No.DRI/MZU/F/Int- 13/2015/2930 dt. 01.04.2015 for drawing of representative sample of goods before actual physical relea .....

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contention is with regard to the payment of the estimated differential duty of ₹ 33,87,526/-. According to Mr Satish Kumar appearing on behalf of the Custom Department, this amount is yet to be paid inasmuch as the sum of ₹ 35,00,000/- which was voluntarily deposited by the petitioner was towards the past clearances, as informed to the Custom Department by the Department of Revenue Intelligence. This is so stated in the counter affidavit filed by them. It is also submitted by Mr Sat .....

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