Contact us   Feedback   Annual Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2016 (3) TMI 37 - DELHI HIGH COURT

2016 (3) TMI 37 - DELHI HIGH COURT - 2016 (341) E.L.T. 110 (Del.) - 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 s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the 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 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 23r .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e importer that they will not dispute, challenge the quantity and weight 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

dy been and, therefore, the Petitioner should pursue the statutory remedy 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 o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Aviation Pvt. Ltd. v. Union of India 2013 (289) ELT 243 (Del.), this 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 o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version