TaxTMI 
TaxTMI 
2013 (4) TMI 283
X X X X Extracts X X X X
X X X X Extracts X X X X
....ion to the respondents herein to release the goods viz., 852 Cartons of Picture Frame of Different Model Numbers, Seal Tag, Button, Shirt Pin, Ring Adjusters and Snap Fasteners, imported vide Bill of Entry No.9034581, dated 16.01.2013, which was finally assessed by the Proper Officer under the Customs Act and total duty of Rs.5,65,510/- was also paid on 18.01.2013. 3. The case of the petitioner in a nut-shell is as follows:- (a) The petitioner-Company had imported Picture Frame of Different Model Numbers, Seal Tag, Buttons, Shirt Pin, Ring Adjusters and Snap Fasteners from Hong Kong at USD 30,788.31 CNF Chennai totally. The above goods were shipped from M/s.Neworb International Corporation Limited, Hong Kong, vide Invoice No.20121225 date....
X X X X Extracts X X X X
X X X X Extracts X X X X
....The petitioner's premises were searched by the DRI Officers and nothing incriminating was found. The DRI had issued summons on the partner of the petitioner and they appeared before the Officers, who took statement from the petitioner and they had also furnished Sales Contract made with the supplier for import of the above goods. The DRI officers thereafter, issued another summons to appear before them, for which the petitioner had asked for time. (d) The continued seizure of goods is causing acute financial hardship, as the goods are incurring demurrage, interest on borrowed capital, besides the goods viz., Picture Frame and Snap Fasteners are having short life and got damaged. The action of the respondents in not ordering the release of ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rnational Corporation Limited, Hong Kong and claimed for clearance of goods for Home Consumption. On the arrival of the subject goods at Chennai Port, the petitioner filed Bill of Entry for Home Consumption and sought for clearance of the goods and they had declared the value of the goods at USD 30,788.31.00 (CNF Chennai) totally. Subsequently, the goods were assessed by the Proper Officer and the appropriate duty of Rs.5,65,510/- as assessed by the Proper Officer has also been debited by the petitioner on 18.01.2013. After payment of duty, on 18.01.2013, the petitioner was informed that the goods have been detained by DRI Officers under Mahazar. The samples from the goods detained on 23.01.2013 were taken by DRI Officers in the presence of....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ked into and thereafter, the value so declared by the petitioner is a matter to be taken into account. The petitioner declared the value of the goods as USD 30,788.31 (CNF Chennai) totally, which according to the respondents is low. The further investigation is yet to be completed and the adjudication proceedings are also to be made thereafter. When such is the situation, what is the condition for provisional release to be made, has to be examined. 8. In this regard, the learned counsel for the petitioner relied on various decisions of this Court and also the decision of the Supreme Court in the case of Commissioner of Customs V. Navshakti Industries Private limited, (2011 (269) ELT A146 (SC)), wherein the Apex Court has held as follows:- ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....orthwith in favour of the respondent therein. Therefore, the case of petitioner in the present case also stands on the same footing and their claim for provisional release of goods shall be considered along with a reasonable condition. 10. Refuting the above submissions, the learned counsel for the respondents contended that in the case of Commissioner of Customs V. Navshakti Industries Private limited, (2011 (269) ELT A146 (SC)), relied upon by the petitioner, the condition imposed for provisional release of the goods is only by a bank guarantee and in order to safeguard the interest of the Department, the petitioner has to pay 30% of the differential duty and shall furnish bank guarantee for 20% of the differential duty and for remaining....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ides for provisional release of goods, documents and things seized pending adjudication. Any goods, documents or things seized under Section 110 of the Act, may, pending the order of the adjudicating officer, be released to the owner on taking a bond from him in the proper form with such security and conditions as the Commissioner of Customs may require. 13. The only reason for non-releasing of the goods is that the petitioner has under-valued the goods in question. The respondents, on investigation, found that the differential duty has to be paid even for the provisional release of the goods. The investigation has to be completed and thereafter, the adjudication has to be done for the assessment of the value. 14. In the light of the abov....