9911796707
TMI Blog2023 (12) TMI 1113X X X X Extracts X X X X X X X X Extracts X X X X ..... ay 2023 and August 2023 for clearance to export the consignment of 1245.226 Metric Tons of Crude Palmolein imported by the petitioner and warehoused vide Bill of Entry No. 4039496 dated 05.01.2023 and covered under the Bill of Entry bearing Nos. 4260603 and 4239778 dated 19.01.2023 for its own consumption. The petitioner has also sought for quashing the first respondent's communication dated 05.09.2023 [Annexure-R] calling upon the petitioner to furnish the Provisional Duty Bond equivalent to the assessable value and the Bank Guarantee equivalent to 115.50% of the assessable value. 2. Ms. Neethu James, the learned counsel for the petitioner, is categorical that the petitioner, in the circumstances of the case, would confine the petition to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the import duty. 5. Sri Amit Anand Deshpande, the learned standing counsel for the respondents, submits that he has instructions to place on record that the request for export will be considered subject to the petitioner producing necessary documents and furnishing bank guarantee for the assessable value of the consignment, and the learned counsel also submits that the furnishing of bank guarantee would be imperative in the Revenue's interest given the fact that the investigation is under way on whether the previous imports by the petitioner has been of crude Palm Oil or crude Palmolein. In support of the respondents' contention that the petitioner will have to furnish the bank guarantee, he places reliance upon the decision of a Divis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Customs Act, have recourse to the right to export as contemplated under Section 69 of the Customs Act without paying import duty, and the concerned must examine this question simultaneously with the question whether the petitioner, even if it does not derive any profit from export of the warehoused consignment, would be liable to pay import duty, and conversely, whether the Revenue would be entitled to recover import duty. These aspects will have to be considered recording reasons for the conclusion to enable complete adjudication. 9. In view of the exigent circumstance viz. that the consignment is a perishable commodity with a shelf life which expires on 21.12.2023 and the petitioner proposes to export the consignment within this ti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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