TMI Blog2016 (8) TMI 1147X X X X Extracts X X X X X X X X Extracts X X X X ..... even by the petitioner and there cannot be any dispute as the duty is calculated on ad valorem basis. The goods be released to the petitioners immediately on deposit of the duty and furnishing of bank guarantees as mentioned - petition allowed - decided in favor of petitioner. - CWP Nos. 10036 and 10021 of 2016 - - - Dated:- 2-8-2016 - RAJESH BINDAL HARINDER SINGH SIDHU JJ. Present: Mr. Akshay Bhan, Sr. Advocate with Mr. Saurabh Kapoor, Advocate for the petitioner in CWP No. 10036 of 2016. Mr. Puneet Bali, Sr. Advocate with Mr. Saurabh Kapoor, Advocate for the petitioner in CWP No. 10021 of 2016. Mr. Satya Pal Jain, Additional Solicitor General of India with Mr. Arun Gosain, Advocate for UOI. Mr. Satish Aggarwala ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the petitioner. Despite the aforesaid order the respondents authority did not release the goods. It was so noticed in the order dated 20.7.2016. Not only this the Department has even directed the petitioners to furnish PD Bonds which was objected to by the petitioners stating that while they were paying custom duty they should not have been asked to do so. It was not so directed by this Court. When the case was taken up today an affidavit of K.H. Khairaz, Asstt. Commissioner, Customs, Mumbai, was filed in both writ petitions in Court and the same are taken on record. The petitioner was sought to be accused of not furnishing the bank guarantee to enable the authorities to released the goods. Even in the affidavit no details about duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2015 has not been specified and only the amount of bank guarantee has been mentioned. In the other two consignments the duty in fact has already been calculated but was not paid by the petitioners as the petition was pending in this Court and the matter was in dispute. The conduct of the respondents authorities is apparently to harass the petitioner. The consignments are lying at the Port for the last about six months. The stand taken by the department has been found to be wrong on the ground that it contains Hot Rolled Coils and Sheets whereas the stand taken by the petitioner that the consignment were of Cold Rolled Coils and Sheets was found to be correct. The department could not even get the consignments tested from the Government ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 of 2016) The duty as calculated by the petitioners pertaining to the aforesaid four consignments is as under: Sr. No. B/E No. and Date Amount 1. 3753509 / 29.12.2015 Rs. 18,78,238/- 2. 3749279 / 29.12.2015 Rs. 23,32,148/- 3. 4205063 / 9.2.2016 ₹ 10,94,648/- 4. 3749151 / 29.12.2015 Rs. 8,43,488/- As per the stand taken by learned counsels for the petitioners the issue of BCD is not there for the aforesaid four consignments. Hence, no bank guarantee is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s Inder International ₹ 2,082,363/- 6 3753509 / 29.12.2015 M/s Inder International Rs. 1,878,238/- 7 3749279 / 29.12.2015 M/s Inder International Rs.2,332,148/- 8 4205063 / 9.2.2016 M/s Inder International Rs.1,094,648/- 9 3749151/ 29.12.2015 M/s Lakshmi Steels ₹ 8,43,488/- In addition to above the petitioners shall furnish the ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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