TaxTMI 
TaxTMI 
2007 (2) TMI 37
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....he petitioner is a company and importer of raw silk through Chennai port. The petitioner, in the course of its business, imported 8840.60 kgs of raw silk from Uzbekistan under the bill of entry No. 356906 dated 14-12-2006 declaring the value of the goods on the basis of the unit price at USD 13.40/kg. CIF as declared in the invoice of the foreign supplier. On a querry made by the respondents as to the country of origin, the petitioner filed a certificate issued by the Dubai Chamber of Commerce and Industries certifying that the goods were of Uzbekistan origin. Though the bill of entry was filed on 14-12-2006 and necessary reply has been filed to the querries, the goods were not permitted to be cleared. The petitioner by a letter dated 20-12....
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....titioner, by its letter dated 17-1-2007 replied that the adoption of provisional import value at USD 28/kg-CIF was not proper as the same represented the value of certain imports from China of entirely different goods. By that letter the petitioner also stated that similar goods imported from Uzbekistan of other import ers had been cleared by the respondents themselves at USD 14.50/kg-CIF. The demand of PD bond for the full enhancement value backed by 120% bank guarantee for the differential duty arrived between the declared value of USD 13.40/kg-CIF and the provisional import value of USD 28/kg-CIF is highly inequitable. The demand of 120% of bank guarantee is also without any reasonable cause. The petitioner by that letter also requested ....
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.... goods are of Uzbekistan origin or not and whether the certificate of origin issued by the Dubai Chamber of Commerce and Industry is genuine or not, are under investigation. 6. Heard the learned Counsel on either side and perused the materials available on record. 7. The one and the only reason given by the respondents is that when similar goods imported from China has been cleared at USD 28/kg, the declared price of the goods imported by the petitioner from Uzbekistan is USD 13.40/kg. The genuineness of the origin of the country is also under investigation. In order to safeguard the interest of the revenue, the petitioner was permitted to clear the goods provisionally by complying with the conditions as stated above. Except this, the....
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....tween the duty finally assessed and the duty provisionally assessed. 10. Having regard to the statutory provision and in view of the fact that similar nature of goods (Mulberry raw silk) from Uzbekistan have been cleared by the respondents themselves under bills of entry Nos. 256473 dated 15-7-2006; 315675 dated 13-10-2006; and 330532 dated 6-11-2006 at USD 14.50/kg, I am of the view that the conditions for provisional clearance given by the proceedings of the respondents dated 11-1-2007 are highly arbitrary and stand to no reason. Hence, the conditions contained in the above referred to proceedings of the second respondent dated 11-1-2007 is hereby modified to the effect that the goods covered under the bill of entry No. 356906 dated 14....