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GS Nuts Through Its Proprietor Gopal Sharma Versus Commissioner Of Customs Inland Container Depot & Another

2016 (3) TMI 430 - DELHI HIGH COURT

Writ petition - Provisional release of goods - As per Circular No. 34/2015 dated 29/30th December 2015, petitioner is required to furnish 100% bank guarantee for the duty element - Held that:- in relation to the alert Circular No. 34/2015 dated 29/30th December 2015, the court has observed that, to the extent that it curtails discretion of the quasi judicial authority exercising powers under the Customs Act, 1962 to order provisional release of goods subject to conditions, it cannot be sustained .....

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release of the goods will be allowed in favour of the Petitioner subject to the Petitioner executing a bond for a sum equivalent to the 100% of the value of goods and furnishing a security in the form of a bank guarantee for a sum equivalent to 30% of the differential duty, with an auto renewal clause and as per RBI guidelines. - Petition disposed of - W. P. (C) No. 1567/2016 - Dated:- 23-2-2016 - S. Muralidhar And Vibhu Bakhru, JJ. For the Appellant : Mr. Pradeep Jain with Mr. Shubhankar Jha .....

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f the India-Sri Lanka Free Trade Agreement ('ISFTA') the Petitioner enjoyed exemption from customs duty and Notification No. 43/2003-Customs (read with Notification No. 26/2000-Customs, dated 1st March 2000) has been issued on 18th March 2003 to that effect. 5. An alert was issued by the Customs Authorities at Inland Container Depot, Tughlakabad ('ICDT') by a Circular No. 34/2015-CI dated 29th December 2015 in which, inter alia, the need for exercise of due diligence while examin .....

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s aggrieved by. The Petitioner's request for release of the goods on provisional assessment has been responded to by a letter dated 19th February 2016 requiring the Petitioner to furnish 100% bank guarantee for the duty element. According to the Petitioner, it is yet to receive any such intimation from the Respondents. However the Petitioner has been informed that in terms of the Circular it would have to furnish a bank guarantee for 100% of the duty element. 7. In a similar context in Writ .....

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