2011 (6) TMI 28 - HC - Customs

High Court allows release of imported goods on depositing 25% enhanced value & duty

The High Court of Madras, in a case involving the import of Second Hand Digital Multifunction Print and Copying Machines, directed the release of the ... Release of goods - import of the Second Hand Digital Multifunction Print and Copying Machines - Held that: - writ petition is disposed of, directing the petitioner to deposit 25% of the enhanced value, apart from paying the applicable rate of duty on the enhanced value. On complying with the above said conditions, the respondents are directed to release the goods, in question, forthwith, with liberty to the respondents to proceed further, with the adjudication proceedings, in accordance with law. Issues: Release of detained goods, conditions for release, adjudication proceedingsRelease of Detained Goods:The High Court of Madras, in a judgment delivered by Mr. Justice M. Jaichandren, considered a case involving the import of Second Hand Digital Multifunction Print and Copying Machines. The respondents had been conducting investigations into the import of these goods and indicated that adjudication proceedings would follow to determine any irregularities. The court was requested to release the goods upon the petitioner depositing 40% of the enhanced value and paying the applicable duty. The court noted previous orders directing the release of goods under similar conditions and found it appropriate to release the goods in question with similar conditions.Conditions for Release:The court observed that conditions imposed in earlier orders had been upheld by a Division Bench in a related case. The judgment referenced various writ petitions where detained goods were released without modifications to the conditions specified in earlier orders. Consequently, the court disposed of the writ petition by directing the petitioner to deposit 25% of the enhanced value and pay the applicable duty. Upon compliance with these conditions, the respondents were instructed to release the goods immediately, with the liberty to proceed with adjudication proceedings as per the law. The petitioner was also required to fully cooperate in the adjudication proceedings.Adjudication Proceedings:The judgment emphasized the importance of the petitioner's cooperation in the adjudication proceedings to be conducted by the respondents following the release of the goods. The court closed the case without imposing any costs and indicated the connected Miscellaneous Petition as closed. The judgment provided a comprehensive resolution regarding the release of detained goods, the conditions for release, and the continuation of adjudication proceedings, ensuring compliance with legal requirements and prior court orders.