2016 (3) TMI 37

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....though one of the issues raised in this writ petition concerns the entitlement of the Petitioner to avail of the benefit under the Status Holders Incentive Scrips (SHIS) in respect of exports made in the year 2011-12 not with standing that it has utilized the Zero Duty EPCG authorizations for a subsequent period, learned counsel for the Petitioner states that the immediate grievance of the Petitio....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ause Notice (SCN) has been issued to the Petitioner which has been replied to. The Petitioner seeks to pursue the main issue in the adjudication proceedings, confining the scope of the present petition to the issue of provisional release of the goods. 3. In the reply filed on behalf of the DRI, a preliminary objection is taken to the maintainability of this writ petition. It is urged that the ord....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....toms, ICD, TKD, New Delhi (2011) 267 ELT 483 (Del) in which the Court permitted the provisional clearance of the goods on the furnishing of a bond in the sum of 20% of the differential duty to the satisfaction of the concerned Commissioner of Customs. That order was assailed in a Special Leave Petition (SLP) before the Supreme Court by the Department. In Commissioner v. Navshakti Industries Pvt. L....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the exporter having to pay 100% of the differential duty it has to furnish a bank guarantee equivalent to 25% of the differential duty and execute a bond for 100% of the value of the goods. Since the Respondents do not appear to be inclined to follow the aforementioned orders binding order of the Supreme Court, and are compelling exporters and importers to approach this Court every time for relax....