TMI Blog2024 (1) TMI 904X X X X Extracts X X X X X X X X Extracts X X X X ..... ct to specified conditions for any of the purposes set out in sub-section (2) of Section 11. In terms of Section 11, notifications were issued. The notifications issued under Section 11 do not prohibit the import of gold dore - Whether sub-section (3) of Section 3 would apply only to prohibited goods under sub-section (2) or also to restricted goods warrants consideration in an appropriate case. Because there is no notification under any statute classifying the goods as prohibited, at a minimum, it may be concluded that there is an arguable case to contend that these goods are not prohibited goods. Since the petitioner has at least an arguable case to contend that the goods are not prohibited goods, the next issue is whether and, if so, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is engaged in the business of importing gold dore and refining gold. The petitioner further asserts that it obtained a licence from the Directorate General of Foreign Trade for the import of gold dore subject to conditions. According to the petitioner, the conditions are that the petitioner should be the actual user and that the petitioner should comply with the requirements of condition Nos.09 and 40 of Notification No.50 dated 30.06.2017, which was issued under Section 25 of the Customs Act, 1962 (the Customs Act). The petitioner claims that it complied with the above mentioned conditions. In spite of fulfilling such conditions, it is stated that the goods were seized. These writ petitions were filed in the above facts and circumstances. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itions are violated, the goods may be treated as prohibited goods. 5. Upon consideration of the rival contentions, the first issue that falls for consideration is whether the goods are prohibited. Section 11(1) of the Customs Act empowers the Central Government to issue a notification in the Official Gazette to prohibit goods either absolutely or subject to specified conditions for any of the purposes set out in sub-section (2) of Section 11. In terms of Section 11, notifications were issued. The notifications issued under Section 11 do not prohibit the import of gold dore. Mr.V.Sundareswaran, however, referred to Notification No.49/2015- 2020 dated 05.01.2022 and pointed out that the import of gold dore is restricted. Under sub-section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , such discretion may also be exercised by this Court under Article 226 of the Constitution of India. In view of the conclusion in the preceding paragraph that the genuineness and validity of documents submitted by the petitioner in support of its exemption claim should be decided by the respondents, at this juncture, revenue interest should be protected. By taking into account both revenue interest and the fact that the import was made under a valid licence, I am inclined to direct provisional release on the following terms and conditions: (i) The petitioner shall remit 100% of the duty payable on the value of the goods imported under each bill of entry. Such payment may be made under protest. (ii) The petitioner shall submit a bond ..... X X X X Extracts X X X X X X X X Extracts X X X X
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