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The High Court interpreted Section 110-A of the Customs Act, 1962, focusing on the discretionary use of "may" instead of "shall" regarding provisional release of prohibited goods. The appellant refused provisional release as imported gold meant for export was diverted to the domestic market. The Tribunal can review the appellant's decision but, due to the serious violation, it wasn't justified in releasing the goods provisionally. The Tribunal overlooked Circular No.35/2017, stating prohibited goods cannot be provisionally released. The respondent can deposit the gold's value for provisional release, ensuring compliance with export obligations. The appeal of revenue allowed.
The High Court interpreted Section 110-A of the Customs Act, 1962, focusing on the discretionary use of "may" instead of "shall" regarding provisional release of prohibited goods. The appellant refused provisional release as imported gold meant for export was diverted to the domestic market. The Tribunal can review the appellant's decision but, due to the serious violation, it wasn't justified in releasing the goods provisionally. The Tribunal overlooked Circular No.35/2017, stating prohibited goods cannot be provisionally released. The respondent can deposit the gold's value for provisional release, ensuring compliance with export obligations. The appeal of revenue allowed.
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