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2019 (10) TMI 1443
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....wing substantive relief: "...to issue a Writ in the nature of Mandamus setting aside the impugned letter dated 25.06.2019 and directing respondent No.2 to accept the bank guarantee equivalent to 10% of differential duty for the purpose of the provisional assessment and to release the impugned goods immediately." The petitioner, who is engaged in the business of areca nuts, imports arec....
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....ar No.34/2015-C1, dated 29.12.2015 of the Director of Revenue Intelligence, issued the impugned letter dated 25.06.2019 directing the petitioner to furnish bank guarantee equivalent to 100% of differential duty for provisional assessment and clearance of impugned goods imported from Sri Lanka. Heard the learned counsel for both the parties and perused the material placed on record. At t....
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....ghanistan, there has been some imports of Areca Nuts from these countries which does not appear to be justified. It also appears that imports from Sri Lanka are not commensurate with the production of Areca Nuts in Sri Lanka leading to a reasonable apprehension that third country imports may have been diverted through Sri Lanka for availing benefits under ISFTA." The 2nd respondent, in his coun....
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....rted/originated from Srilanka and the authorities of the same country have expressed the benefit of doubt, Bank Guarantee was insisted upon for 100% as a measure to safeguard the Revenue. Therefore, the contention of the petitioner that the authorities solely acted upon DRT's Alert Circular is not acceptable. It can be seen from the order of the Hon'ble High Court of Delhi that the provisional rel....