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Spirotech Heat Exchangers Pvt Ltd Versus Union of India

2016 (3) TMI 37 - DELHI HIGH COURT

Provisional release of seized goods- Entitlement of the Petitioner to avail of the benefit under the Status Holders Incentive Scrips (SHIS) in respect of exports made in the year 2011-12 notwithstanding that it has utilized the Zero Duty EPCG authorizations for a subsequent period- Held that: the provisional release of the seized goods would be allowed in favour of the Petitioner subject to the Petitioner executing a bond in a sum equal to 100% of the value of the goods and further furnishing se .....

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Status Holders Incentive Scrips (SHIS) in respect of exports made in the year 2011-12 not with standing that it has utilized the Zero Duty EPCG authorizations for a subsequent period, learned counsel for the Petitioner states that the immediate grievance of the Petitioner concerns the provisional release of the goods that were seized by the Directorate of Revenue Intelligence (DRI). It is pointed that an order was passed on 23rd February, 2015 by the Deputy Commissioner of Customs, ICD, Tughlak .....

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ight of the seized goods at any stage. 2. It is stated that a Show Cause Notice (SCN) has been issued to the Petitioner which has been replied to. The Petitioner seeks to pursue the main issue in the adjudication proceedings, confining the scope of the present petition to the issue of provisional release of the goods. 3. In the reply filed on behalf of the DRI, a preliminary objection is taken to the maintainability of this writ petition. It is urged that the order dated 23 rd February, 2015 is .....

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emedy in the event it is aggrieved by the conditions for provisional release of the goods. 5. As far as the issue of provisional release of goods is concerned, the Court's attention has been drawn to the decision in Navshakti Industries Pvt. Ltd. v. Commissioner of Customs, ICD, TKD, New Delhi (2011) 267 ELT 483 (Del) in which the Court permitted the provisional clearance of the goods on the furnishing of a bond in the sum of 20% of the differential duty to the satisfaction of the concerned .....

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s Court followed the decision of the Supreme Court in Commissioner v. Navsliakti Industries (supra) and permitted provisional release of the goods on furnishing a security in the form of bank guarantee in the sum equal to 30% of the differential duty. 6. The Court notices that despite the aforementioned orders of this Court and the Supreme Court, the Respondents are continuing to impose harsh conditions for provisional release of goods. In the present case, apart from the exporter having to pay .....

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