TMI Blog2024 (2) TMI 780X X X X Extracts X X X X X X X X Extracts X X X X ..... the ISFTA. In terms of Rule 6 of the CAROTA Rules, the proper officer requested that the authenticity of the certificate and the correctness of information provided therein be verified by the verification authority - These documents indicate conclusively that, upon verification of the certificate of origin, it was certified that such certificate was digitally signed by the authorized officer of the Department for signing certificates of origin under the ISFTA. In spite of such verification, the respondents contend that further information is required in light of the communication dated 14.09.2023 from D.L.K. Spice Export. The communication from D.L.K. Spice Export specifies the names of certain importers, but the name of the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from Sri Lanka under purchase from D.L.K. Spice Export, Sri Lanka. As per the Indo-Sri Lanka Free Trade Agreement (ISFTA), it is stated that areca nuts may be imported without payment of duty subject to satisfying the requirements of the Customs [Administration of Goods of Origin under Trade Agreements] Rules, 2020 (the CAROTA Rules). Since the goods were not released in spite of submitting a certificate of origin and providing a verification with regard to the authenticity of such certificate of origin, the present writ petition was filed. 3. Learned counsel for the petitioner submits that the goods were imported from an exporter called D.L.K. Spice Export, Sri Lanka. In respect of such goods, he submits that the certificate of origin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 2(f) as under: 2(f) Verification means verifying genuineness of a certificate of origin or correctness of the information contained therein in the manner prescribed by the respective Rules of Origin; . 7. The expression verification authority is also defined in Rule 2(g), which is as under: 2(g) Verification Authority means the authority in exporting country or country of origin, designated to respond to verification request under a trade agreement. 8. The record reflects that a certificate of origin was issued on 22.06.2023 by the Commercial Research Officer, Colombo. This certificate was issued under the ISFTA. In terms of Rule 6 of the CAROTA Rules, the proper officer requested that the authenticity of the cer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s is an appropriate case to direct the provisional release of goods, albeit subject to limited safeguards to protect revenue interest under the facts and circumstances. 11. Accordingly, this writ petition is disposed of with the following directions: (i) the petitioner is directed to provide an indemnity bond for 100% of the duty payable in case it is concluded in the assessment proceedings that the petitioner is not entitled to exemption from Customs duty. (ii) The petitioner is further directed to provide a bank guarantee for 10% of the customs duty from a nationalized bank, which shall be for an initial term of one year subject to renewal until conclusion of assessment. (iii) Both the indemnity bond and bank guarantee shall b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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