TMI BlogSubject: Customs - Guidelines for provisional release of seized imported goods pending adjudication under Section 110A of the Customs Act, 1962 Certain guidelines for compliance - Regarding.X X X X Extracts X X X X X X X X Extracts X X X X ..... ance - Regarding. Attention of all the Customs Officers of Hqrs. Office, CPC, Vijayawada and the Officers working in field formations i.e. Krishnapatnam Custom House, ICD, Marripalem and Kakinada Custom House, Customs Preventive Divisions and the CFSs is invited to CBEC s Circular No. 35 / 2017 - Customs, dated 16.08.2017 for guidelines for provisional release of seized imported goods pending adjudication under Section 110A of the Customs Act, 1962. 2. Section 110A of the Customs Act, 1962 states that Any goods, documents or things seized under Section 110, may, pending the order of the adjudicating authority, be released to the owner on taking a bond from him in the proper form with such security and conditions as the adjudicating a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t authority shall take into account the nature of the seized goods, the duty and charges payable on the said goods, their market prices and the estimated margin of profit; iii. amount of penalties that may be levied under the Customs Act, 1962, as applicable, at the time of adjudication of the case. 3.3. Depending on the specific nature of a case, the competent authority may, for reasons to be recorded in writing, increase or decrease the amount of security deposit as indicated above. 4. In this context, attention is invited to the Judgment dated 28.07.2016 of the Hon ble Madras High Court in Writ Appeal No.377 of 2016 in the case of Malabar Diamond Gallery Pvt. Ltd. vs Additional Director General, DR, Chennai Ors. wherein the Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to be deposited or that if the importer is asked to do so then he cannot be asked to furnish a bank guarantee. The Hon ble Court has also referred to the above mentioned case of Malabar Diamond Gallery P Ltd. V. The Addl. Dir General DRI (supra) in which the Hon ble Madras High Court has held that although the import of gold was not prohibited, if the import was in violation of the conditions attached to such import, it could amount to smuggling and that the prayer for provisional release could be refused. The Hon ble Delhi High Court has further observed that the power under Section 110A of the Act involves exercise of discretion and the scope of judicial review is to examine if the discretion has been rightly exercised; that treatment o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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