Court Orders Release of Imported Gold Bars After 100% Duty Payment; Duty Exemption Decision Due in 3 Months.

The HC of Madras directed the release of imported Gold Dore Bars upon the petitioner's payment of 100% duty, allowing for formal release procedures. The court instructed the respondents to adjudicate the issue of duty exemption within three months.

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Issues involved:
The judgment involves the release of imported Gold Dore Bars of Guinea by extending customs notifications and accepting a Country of Origin Certificate, along with the petitioner's request for exemption and the respondent's decision to detain the goods.

Details of the judgment:

Issue 1: Release of detained goods
The petitioner, a Private Limited Company, imported Gold Dore Bars from Dubai and filed for clearance, claiming the goods' origin as Guinea. The Ministry of Commerce issued an Import-Export License for such imports. Despite the petitioner's request for provisional release, the respondents withheld clearance, citing the goods were not imported from Guinea. The petitioner sought a mandamus for release, offering to pay 100% duty under protest. The Court directed the authorities to release the goods upon payment of 100% duty within a week, allowing the petitioner to seek release formally. The respondents were instructed to adjudicate on the duty exemption issue within three months.

Conclusion:
The High Court of Madras directed the release of the imported Gold Dore Bars upon payment of 100% duty by the petitioner, with further adjudication on the duty exemption issue to be completed within three months.

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