TMI Blog2022 (12) TMI 1255X X X X Extracts X X X X X X X X Extracts X X X X ..... ond - In the case of SHRI MURALI B S/O R BHASKAR VERSUS THE INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE NHAVA MUMBAI; THE DEPUTY DIRECTOR DIRECTORATE OF REVENUE INTELLIGENCE MANGALORE THE COMMISSIONER OF CUSTOMS JAWAHARLAL NEHRU CUSTOM HOUSE, MAHARASHTRA AND THE DEPUTY COMMISSIONER OF CUSTOMS (SIIB) MANGALURU [ 2022 (9) TMI 1404 - KARNATAKA HIGH COURT] , the High Court of Karnataka has modified the condition of execution of bank guarantee, which is referable to clause 3 in the case at hand. When the petition was heard yesterday, since the learned Counsel for the Petitioner sought parity with the orders passed by the High Courts of Karnataka and Kerala, the petition was adjourned for the Respondents to take instructions wheth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.3 has directed the release of the vehicle provisionally under section 110A of the Customs Act, 1962 subject to fulfillment of the following conditions : 1. The beneficial owner shall pay the differential duty amounting to Rs.71,28,270/- (Rupees Seventy One Lakh Twenty Eight Thousand Two Hundred and Seventy Only). 2. Execute a Bond for Rs. 34,94,250/- (Rupees Thirty Four Lakhs Ninety Four Thousand Two Hundred and Fifty only) with an undertaking that they shall pay the duty, fine and /or penalty as may be adjudged by the Adjudicating Authority, subject to appellate provisions under the Customs Act, 1962 as prescribed in para 5 of Circular No. 35/2017- Customs dated 16.08.2017. 3. Execute a Bank Guarantee of Rs. 1,00,00,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India Pvt. Ltd. Vs. Commissioner of Customs 2021 (376) ELT 3 (SC). The learned Senior Advocate for the Respondents then sought to contend that pursuant to the Finance Act, amendment has been incorporated from 30 March 2021. The issue whether amendment would retrospectively apply is under consideration in a group of petitions, which is listed on 9 January 2023. Therefore, we are inclined to adjourn the petition to 9 January 2023. 3. The learned Counsel for the Petitioner states that in the meanwhile no purpose would be served by keeping the expensive vehicle idle. The learned Counsel for the Petitioner states that as regards the three conditions imposed in the impugned order, the Petitioner will comply with clause nos. 1 and 2, however, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... higher vehicles. In the case of Shri. Suriya s/o. Arjunan (supra), the High Court of Karnataka has directed the Petitioner therein to deposit 50% of differential duty and execute bank guarantee in respect of other 50%, and execute a bond. In the case of Shri Murali B. s/o. R. Bhaskar (supra), the High Court of Karnataka has modified the condition of execution of bank guarantee, which is referable to clause 3 in the case at hand. 5. When the petition was heard yesterday, since the learned Counsel for the Petitioner sought parity with the orders passed by the High Courts of Karnataka and Kerala as above, the petition was adjourned for the Respondents to take instructions whether these orders have been challenged by the Respondents higher. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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