TMI Blog2017 (1) TMI 1411X X X X Extracts X X X X X X X X Extracts X X X X ..... pugned communication(s) which requires furnishing of security in the form of Bank Guarantee is stayed - the respondents will release the subject goods forthwith, to the petitioners, upon fulfillment of conditions already stipulated in the order dated 22.12.2016 - petition allowed - decided partly in favor of petitioner. - W. P. Nos.1620 to 1628 of 2017 And Wmp Nos. 1580 to 1588 of 2017 - - - Dated:- 25-1-2017 - Rajiv Shakdher, J. For the Petitioner : V. Pramila For the Respondents : Ram Manohar ORDER Rajiv Shakdher, J. 1. This is the second round of litigation initiated by the petitioners. 1.1. In the first round, challenge had been laid by the petitioners to the provisional release order dated 23.11.2016. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19.1. Therefore, what this Court is called upon to do is to rule as to whether or not the condition imposed is onerous, given the facts and circumstances of this case. 20. According to me, in line with the judgements referred to above, which includes the judgement of the Supreme Court in Navshakti Industries case, the condition imposed [in] sub clause (i) of paragraph 6 of the impugned order can be relaxed, by substituting the said condition, with an option being given to the petitioners to seek release of the subject goods/consignments by furnishing a Bank Guarantee of a nationalised bank equivalent to 30% of the export duty. This is so, as finished leather, as per the extant policy, is freely exportable, while, generally, unfinishe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that stage, communicate that the security for fine and penalty, which the respondents would require, would have a monetary component. 3.1. Taking advantage of this fact, in the orders dated 10.01.2017, the following additional conditions, which enlarge the scope of the conditions contained in Clause 6(ii) of the provisional release order dated 23.11.2016, have been provided. 3.2. Thus, for the sake of convenience, both clause 6 of provisional order dated 23.11.2016 and the relevant portion of the impugned orders, which are identical, are set forth below: Clause 6 of the provisional release order dated 23.11.2016: 6.The Principal Commissioner of Customs (III) has recommended for provisional release of the said consignments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y only - 30% of 60% of Export duty ₹ 308567 + 40% on FOB towards the security for Fine and Penalty - ₹ 685703/-) as per the provisions of the CBEC circular no.01/2011-Cus dated 04.01.2011 and the Hon'ble High Court's order for the provisional release of the subject cargo covered under above referred shipping bill filed in the name of M/s.Sri Karpaga L eathers. I t is also directed by the Principal Commissioner (Chennai III) that a separate bond may be executed containing the clause that you will not be claiming any MEIS benefits for the subject consignment. It is also hereby advised that the description of the goods may be amended as Unfinished Leather since the SIIB unit had finalized the identity of the goods as Unfini ..... X X X X Extracts X X X X X X X X Extracts X X X X
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