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of <h1>Court overturns illegal release order, emphasizes adherence to Customs Acts.</h1> <h3>TURIYAM INTERNATIONAL Versus C C-NEW DELHI (ICD TKD)</h3> TURIYAM INTERNATIONAL Versus C C-NEW DELHI (ICD TKD) - TMI Issues:Provisional release of seized goods, Violation of Principle of Natural Justice, Customs Valuation Rules, Market survey legality, Adjudicating Authority's discretion, Contemporaneous import prices, Arbitrary valuation increase, Adjudicating Authority's reasoning, Legal validity of impugned order.Detailed Analysis:1. Provisional Release of Seized Goods: The appeal challenges the provisional release order of seized goods by the Adjudicating Authority based on alleged undervaluation and misdeclaration of imported items. The appellant contests the conditions imposed for release, including a substantial differential duty liability and a bank guarantee.2. Violation of Principle of Natural Justice: The appellant argues that the provisional release order violated the Principle of Natural Justice by not following the Customs Valuation Rules sequentially. The market inquiry was conducted under Rule 9 without exhausting Rules 3 to 8, leading to an alleged unfair valuation increase.3. Customs Valuation Rules and Market Survey Legality: The appellant contends that the Adjudicating Authority failed to consider contemporaneous import prices and conducted a market survey without providing the report to the appellant. The valuation was enhanced significantly, allegedly disregarding the Customs Valuation Rules.4. Adjudicating Authority's Discretion and Reasoning: The judgment criticizes the Adjudicating Authority for not providing sufficient reasoning for the valuation increase and not justifying the rejection of the transaction value. The Adjudicating Authority's decision-making process is deemed arbitrary and lacking legal basis.5. Contemporaneous Import Prices and Arbitrary Valuation Increase: The Adjudicating Authority's reliance on a market survey without considering contemporaneous import prices is highlighted as a flaw. The valuation increase from the declared value to a much higher amount is deemed unjustified and arbitrary.6. Legal Validity of Impugned Order: The judgment concludes that the impugned order is illegal, arbitrary, and in violation of Customs Acts, Rules, and regulations. The order is set aside, and the provisional release of seized goods is ordered on specific conditions, including a bond and bank guarantee.7. Adjudicating Authority's Discretion and Release of Seized Goods: The Adjudicating Authority is directed to release the seized goods promptly within two weeks upon fulfilling the specified conditions. The judgment emphasizes adherence to legal procedures and principles in customs valuation matters.
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