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M/s V.K. Industrial Corporation Limited Versus The Principal Commissioner of Customs and Others

2016 (5) TMI 226 - MADRAS HIGH COURT

Misdeclaration of Import of Hot Rolled Steel Coil (with Chromium) Grade API 5L Gr B of various sizes - it was found that the steel coils contained a label, which was mentioned the grade as "SS 400", therefore, seized as misdeclared - Respondent submitted that as security, the petitioner may be directed to give Bank Guarantee for a sum of ₹ 2,20,55,468/- and on giving the Bank Guarantee, the respondents may be directed to release the goods.

Held that:- since the petitioner agreed .....

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the adjudicating authority, deciding the matter in accordance with law. The respondents are directed to release the goods, weighing 5558.010 Mts of Coils, within three days from the date of giving the Bank Guarantee by the petitioner. - Petition disposed of - W.P.No.10829 of 2016, WMP No.9456 and 9457 of 2016 - Dated:- 28-4-2016 - M. Duraiswamy, J. For the Petitioner : Mr. Sujay Kantwala For the Respondents : Mr. G. Rajagopalan, Mr. Vikram Ramakrishnan ORDER The petitioner has filed the writ pe .....

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placed by the petitioner company. The petitioner had also paid all duties leviable on import of the goods and upon such payment, the Proper Officer of Customs had given an out of charge permission, which entitled the petitioner to clear the goods for domestic consumption. Accordingly, the goods were cleared and kept in the private warehouse, situated in the Chennai Port Trust premises. 3. On 25.02.2016 and 26.02.2016, the respondents examined the goods, in question, in the said private warehous .....

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entry dated 11.01.2016, the respondents also orally placed under seizure the goods, imported previously by the petitioner company, vide bills of entry dated 25.11.2015. According to the petitioner, the goods imported previously did not contain any lable on the goods to the effect that they were of the grade "SS 400". The third respondent subsequently seized the goods imported vide bills of entry dated 11.01.2016 by the Seizure Memo dated 04.03.2016. Aggrieved over the seizure memo date .....

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spondents, on 07.04.2016, submitted that the matter may be adjourned for getting instructions with regard to the submissions made by the learned counsel for the petitioner. 7. According to the learned counsel for the petiitoner, 1111.602 Mts of Coil would satisfy the value of the goods, amounting to ₹ 2,20,55,468/- 8. When the matter was taken up for hearing today, Mr.G. Rajagopalan, learned Additional Solicitor General, appearing for the respondents, submitted that the respondents are not .....

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