Tribunal Denies Provisional Release of Imported Goods Under Customs Act

SONI IMPEX Versus COMMISSIONER OF CUSTOMS (PORT), KOLKATA

SONI IMPEX Versus COMMISSIONER OF CUSTOMS (PORT), KOLKATA - 2006 (194) E.L.T. 232 (Tri. - Kolkata) Issues:
1. Consideration of provisional release of imported goods in accordance with law.

Analysis:
The case involved a Miscellaneous Application (MA) for the provisional release of imported goods. The appellant requested the Appellate Tribunal to allow the release of the goods provisionally based on guidelines provided by the CBEC Circular No. 22/2004-Customs. The High Court directed the Tribunal to consider the issue of provisional release within a specific timeframe.

The Judicial Member heard arguments from both parties. The JDR representing the respondent contended that once a final order had been passed by the Adjudicating Authority confiscating the goods with an option for redemption, there was no provision for provisional release. The JDR emphasized that the law was clear on this point and that the appellant had not applied for provisional release to the Customs Authorities before approaching the Tribunal.

The Tribunal examined the provision of provisional assessment of duty under Section 18 of the Customs Act. Section 18 allows for provisional assessment of duty under certain circumstances, such as when necessary documents or information are unavailable or further inquiry is required. The Tribunal noted the importance of complying with the law in considering the provisional release of goods.

Referring to a previous judgment by the Delhi High Court in Raghunath International Limited v. Collector of Customs, the Tribunal highlighted that in cases of misdeclaration leading to confiscation orders, Section 18 may not apply. The Court's decision emphasized that once a final order had been issued, provisional release under Section 18 was not permissible.

Ultimately, the Tribunal dismissed the MA for the provisional release of the imported goods, citing that since a final order had been passed by the Commissioner, the provisional release under Section 18 of the Customs Act was not allowed by law. The decision was based on legal precedents and the clear provisions of the Customs Act.

This detailed analysis of the judgment showcases the considerations made by the Tribunal regarding the provisional release of goods in accordance with the law, highlighting the legal framework and relevant court precedents that influenced the final decision.