2025 (2) TMI 886

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.... 3 by themselves and/or their subordinates, servants and agents, (i) to withdraw the impugned Seizure Memo bearing F. No. GEN/INT/Misc/4/2025-R & I dated 24th January 2025 issued by Respondent No. 2; (ii) to unconditionally release the "Wheat Flour Sheet Dough" (the "said goods") imported by the Petitioner under:- (a) Bill of Entry No.7443956 dated 25th December 2024, (b) "Bill of Entry No. 7503023" dated 28th December 2024, (c) Bill of Entry No.7792802 dated 15th January 2025, (d) Bill of Entry No.7793939 dated 15th January 2025, (e) Bill of Entry No.8075157 dated 29th January 2025, and (f) Bill of Entry No.8085872 dated 30th January 2025 as per the provisions of the Customs Act, 1962; (iii) to issue a Det....

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....024 [the first two Bills of Entry listed at items (a) and (b) of paragraph 2 of this order] were put on hold vide letters dated 1st January 2025 and 7th January 2025 issued by Respondent No. 2. 5. It appears that after the filing of this Petition, as far as the first two Bills of Entry are concerned [listed at items (a) and (b) of paragraph 2 of this order], Respondent No. 3 has passed an order of provisional release on 16th February 2025 under which the release of the said goods is granted subject to the Petitioner executing a Provisional Duty Bond for Rs. 1,15,85,594/- and a Bank Guarantee equivalent to Rs.75 Lakhs [for securing the differential duty, anticipated redemption fine and anticipated penalties]. 6. Apart from the first two Bi....

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.... what should be secured by a Bank Guarantee, if at all, should only be the differential duty or any part thereof. 8. After we heard the learned counsel appearing for the Petitioner, as well as the learned counsel appearing on behalf of Respondent Nos. 2 and 3, we are of the view that the said goods covered under all six Bills of Entry listed at items (a) to (f) of paragraph 2 of this order ought to be provisionally released. We say this because considering the overall facts and circumstances of the case, we are of the view that there is some merit in the argument canvassed by the Petitioner. When no Show Cause Notice is issued, to ask the importer to furnish a Bank Guarantee even to secure the anticipated redemption fine and anticipated pe....

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.... of the parties with regard to classification are kept open to be considered at the time of the adjudication of the Show Cause Notice/s. 12. So that future imports of the Petitioner of the very same goods is not thwarted, if any future imports are made by the Petitioner (i) of the very same goods; and (ii) from the same manufacturer; the Customs Department shall provisionally release the goods on the Petitioner furnishing a Provisional Duty Bond of the assessable value of the concerned Bill/s of Entry, as well as furnishing a Bank Guarantee for 50% of the differential duty. It is clarified that the Bank Guarantee will not be required to be furnished for any anticipated redemption fine and/or anticipated penalties. Obviously, for future imp....