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Gold Dore Bars from Guinea Released on 100% Duty Payment; Expedited Resolution Ordered Within 3 Months. The HC directed the release of imported Gold Dore Bars from Guinea upon the petitioner's payment of 100% duty under protest. The petitioner, a Private ...
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Gold Dore Bars from Guinea Released on 100% Duty Payment; Expedited Resolution Ordered Within 3 Months.
The HC directed the release of imported Gold Dore Bars from Guinea upon the petitioner's payment of 100% duty under protest. The petitioner, a Private Limited Company, had submitted all necessary documents, including a Country of Origin Certificate. The Court emphasized expedited adjudication proceedings, instructing the respondents to resolve the exemption issue within three months. The Writ Petition was disposed of with these directions, and no costs were awarded.
Issues involved: The issue involves the release of imported Gold Dore Bars from Guinea by extending customs notifications and accepting the Country of Origin Certificate.
Details of the Judgment: 1. The petitioner, a Private Limited Company, imported Gold Dore Bars from Guinea and sought clearance for Home Consumption under relevant licenses issued by the Ministry of Commerce. 2. Despite submitting all necessary documents, including a Country of Origin Certificate from Guinea, the goods were withheld by the respondents, leading to the filing of a Writ Petition for release. 3. During arguments, the petitioner offered to furnish a bank guarantee, pay 100% duty under protest, and requested expedited adjudication proceedings for the release of the detained goods. 4. The respondents contended that since the goods were not directly imported from Guinea, the petitioner was not entitled to seek exemption, but they did not object to the petitioner's proposed course of action. 5. The Court, considering the petitioner's willingness to pay 100% duty under protest, decided to issue a direction for the release of the goods while emphasizing the need for expedited adjudication proceedings. 6. The Court directed the concerned Authority to release the goods upon payment of 100% duty by the petitioner within a week, allowing the petitioner to apply for release thereafter, and instructed the respondents to adjudicate the exemption issue within three months. 7. The Writ Petition was disposed of with the above directions, and no costs were awarded, closing the connected Writ Miscellaneous Petition as well.
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