TMI Blog2001 (6) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent in C. No. VIII/46/23/2000-Cus., dated 6-6-2001 and to quash the same as illegal arbitrary and without authority of law and further direct the respondents to permit clearance of the imported materials covered under Bill of Entry No. 05716, dated 1-6-2001 (Advance Noting Register Serial No. 155, dated 30-5-2001) on receipting the assessed Customs duty. 2.The case of the petitioner 19 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... metric tonne and the quantity to be supplied is 3000 MT. It is the further case of the petitioner that the foreign suppliers intimated that the cargo was loaded on 28-5-2000. On their request, the petitioner opened a Letter of Credit on 29-5-2001 for the value fixed. The petitioner filed bill of entry for Warehousing, B.E. No. 05716 on 1-6-2001. The Customs authorities verified the value descript ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the affidavit the petitioner has furnished a bond for Rs. 3 crores, and the difference of duty between the assessment already made and now demanded of Rs. 29 lakhs. Section 18 of the Customs Act provides for provisional clearance of the goods on properly safeguarding the interest of revenue by securing the revenue, by furnishing a bond and as a matter of fact, in the present case, the petitioner h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of such documents or furnishing of such information or completion of such test or enquiry, the goods be assessed provisionally if the importer or the exporter, as the case may be, furnishes such security as the proper officer deems fit for the payment of the deficiency, if any. 9.As far as the present case is concerned the difference of duty as stated earlier is only Rs. 29 lakhs and the se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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