9911796707
TMI Blog2024 (12) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... a/w Mr. Abhishek Mishra. PC.:- 1. Heard learned counsel for the parties. 2. Rule. The Rule is made returnable immediately at the request and with the consent of the learned counsel for the parties. 3. The Petitioner seeks the following substantive relief by instituting this petition in terms of prayer clause (a):- "(a) That this Hon'ble Court be pleased to call for the records of proceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the above mentioned Bill of Entry under CTH26204010. (ii) I reject the declared reasonable value of the goods of Rs. 37,55,779,28/- under Rule 12 of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007, imported vide Bill of Entry No.7663694 dated 26.02.2022, found to be "Aluminum Dross" and re-determined it at Rs. 51,06,726.70/- (Rupees Fifty One Lakhs Six Thousands S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - (Rupees One Lakh Only) on the Importer M/s. Penewere LLP under section 112 (a) of the Custom Act, 1962, for the reasons deliberated in Para 32. (v) I also impose a penalty of Rs. 25,000/- (Rupees Twenty Five Thousand Only) on Shri Nilesh Ulhas Sinalkar, Partner at M/s. Renewera LLP under Section 112 (a) of the Custom Act 1962, for the reasons deliberated in Para 32. (vi) I also impose a pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in terms of the above statement and the operative portion of the O-I-O dated 2 August 2024, the concerned Respondent will immediately release the goods to enable the Petitioner to re-export the same. This is consistent with clause 34 (iii) of the O-I-O dated 2 August 2024. The goods must be released, and reexport facilitated within a maximum period of 15 days from the Petitioner making the payme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the communication without being bogged down with this order. We clarify accordingly. 9. However, all contentions of the Petitioner and the Respondents regarding the proposed penal action under Section 117 of the Customs Act, 1962, are kept open. All that we clarify is that the concerned Respondent must not delay the implementation of the O-I-O dated 2 August 2024 because of the communication/not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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