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Non-confirmation of FEMA seizure prevents adjudicators from overriding pending appellate findings on recorded reasons and suspected foreign asset hold...
Provisional release of imported goods was allowed against a bank guarantee securing differential duty where petitioners claimed preferential tariff treatment under CAROTAR and supplier furnished origin confirmations and cooperation; HC found no adjudicatory proceedings initiated and no conclusive adverse material since 2018, so denial of provisional release was unjustified. The court reasoned that potential departmental recovery of full customs duty would be adequately secured by the bank guarantee and that verification of origin can proceed without continuing detention; writ petitions disposed granting relief for provisional release.
Provisional release of imported goods was allowed against a bank guarantee securing differential duty where petitioners claimed preferential tariff treatment under CAROTAR and supplier furnished origin confirmations and cooperation; HC found no adjudicatory proceedings initiated and no conclusive adverse material since 2018, so denial of provisional release was unjustified. The court reasoned that potential departmental recovery of full customs duty would be adequately secured by the bank guarantee and that verification of origin can proceed without continuing detention; writ petitions disposed granting relief for provisional release.
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