2021 (1) TMI 69

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....versy involved in above cases, they have been heard analogously together with the consent of the parties and a common order is being passed in the matter. Facts of WP No.17984/2020 are narrated as under:- The petitioner before this court has filed this present petition stating that he has imported 100% Polyester Knitted Fabrics and it was imported after obtaining necessary permission. The goods....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....authority upon a request made by the owner of the seized goods, provisional release shall not be allowed in the following cases :- (i) Goods prohibited under the Customs Act, 1962 or any other act for the time being in force. (ii) Goods that do not fulfill the statutory compliance requirements/obligations in terms of any Act, Rule, Regulation or any other law for the time being i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... be levied in lieu of confiscation under Section 125 of the Customs Act, 1962 at the time of adjudication of the case. While securing the same, the competent authority shall take into account the nature of the sized goods, the duty and charges payable on the said goods, their market price and the estimated margin of profit; iii. amount of penalties that may be levied under the Customs Act....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e has argued before this court that they have already forwarded a report on 20-11-2020 to the Assistant Commissioner Customs, Indore Commissionerate and no further report is required to be submitted in the matter. This court has carefully gone through the Circular issued on the subject and Mr Prasana Prasad has also stated in Open Court that there is no statutory provisions which requires for a....