TMI Blog2018 (11) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... t of such materials has any other legal impediment. The question of correct assessment of duty and related issues such as penalty for mis-declaration if ultimately established and personal penalties would only be the question to be decided eventually. In the meantime, holding back the goods without clearance would invite mounting demurrage. The provisional release of goods permitted on fulfillment of certain conditions - petition disposed off. - R/SPECIAL CIVIL APPLICATION NO. 9757 of 2018 With R/SPECIAL CIVIL APPLICATION NO. 9759 of 2018 - - - Dated:- 6-8-2018 - MR AKIL KURESHI AND MR B.N. KARIA, JJ. For The Petitioner : MR NIRAV P SHAH (6475) For The Respondent : KSHITIJ M AMIN (7572) AND MR PY DIVYESHVAR (2482) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t commenced. Completion will take a long time. Goods are otherwise free for import of course subject to payment of customs duty. The petitioners may be allowed to clear the goods on provisional basis on appropriate terms and conditions. Our attention was drawn to different orders of various High Courts in the country in which, provisional release was permitted under similar circumstances. It was pointed out that mainly the condition imposed was of giving bank guarantee to the extent of 30% of the differential duty and giving bond for the value of goods or in some cases, in excess thereof. 4. Counsel further submitted that the departmental case as of now rests only on statements of the importers and other related persons. Such statements ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judication has not been issued and even after issuance of show-cause notice, completion of the adjudication is bound to consume time, it would not be in anyone's interest to stop the clearance of goods when it is not the case of the department that the import of such materials has any other legal impediment. In other words, the question of correct assessment of duty and related issues such as penalty for mis-declaration if ultimately established and personal penalties would only be the question to be decided eventually. In the meantime, holding back the goods without clearance would invite mounting demurrage. The goods would continue to occupy space in the warehousing godowns. While thus expressing our anxiety to release the goods on pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of 35% of the differential value of the duty; (ii) To furnish personal bond of 125% of the value of the goods; (iii) As undertaken by the counsel for the petitioners, such bond shall also be furnished by said Sarfraz Pahtan. (iv) The petitioners as well as Sarfaraz Pathan would be jointly and severally liable to discharge the duties and penalties (except personal penalties which would be individual liability) if ultimately come to be imposed. In other words, the bond furnished by Sarfaraz Pathan could be executed if the petitioners, who are held liable to pay duties and penalties, fail to do so irrespective of the fact whether such duties and penalties are confirmed against Sarfaraz Pathan or not; (v) We are informed that su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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