AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2025 (9) TMI 1172
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....dent to release the goods without insisting for payment of duty on the re-determined value and without insisting furnishing of Bank Guarantee for a sum of Rs. 22,00,000/-. (Rupees Twenty Two Lakhs only) 2. Heard Mr.A.K.Jayaraj, learned counsel for the petitioner and Mr.S.Gurumoorthy, learned Senior Panel Counsel (CBIC) for the respondents. 3. The petitioner had placed order with a supplier in China for supply of Viscose Knitted Fabric and one of the consignment reached the Chennai Port and the same was also taken to the SEZ Ware House in Nandiampakkam, Chennai. The petitioner had imported 24893.00 Kgs., of Viscose Knitted Fabric from China, valued at USD 27382.30. The goods were shipped under invoice dated 19.12.2024 and the Bill of E....
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....ed under the Bill of Entry dated 07.01.2025 in terms of Section 110 of the Customs Act, after paying the re-determined duty as mentioned in the seizure memo and the petitioner executing a bond for a sum of Rs. 91,00,000/- and the petitioner also furnishing Bank Guarantee for a sum of Rs. 22,00,000/-. It was also informed to the petitioner that they must also give an undertaking to fully comply with the adjudication out come and pay any Additional Duty, Fine or Penalty that may be imposed in the said proceedings. 7. The petitioner aggrieved by the impugned provisional release order dated 16.07.2025, issued by the second respondent, has approached this Court. 8. The learned counsel for the petitioner submitted that the provisional relea....
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....reporting no objection for the enhancement of the quantum of the Bank Guarantee and accordingly, the Apex Court merely modified the order of the High Court with respect to the quantum of Bank Guarantee and disposed of the S.L.P. The learned Standing Counsel further submitted that the adjudication is yet to take place and at that point of time, if any additional duty, fine or penalty is imposed against the petitioner, there must be some security available with the Department for recovering the same and therefore, the petitioner has to necessarily execute the Bank Guarantee as was directed in the provisional release order dated 16.07.2025. Hence, it was contended that there is absolutely no reason for interfering with the provisional release ....
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.... the same and no liability can be fastened on the respondent Department and the indemnity bond should be furnished in the form approved by the respondents." 13. This order of the learned Single Judge was subsequently confirmed by the Hon'ble Division Bench of this Court in W.A.No.1243 of 2016 dated 25.10.2016. It is also relevant to take note of a Division Bench order of this Court in the case of Commissioner of Customs and Others vs. Sri Venkateshwara Paper Boards Rep.by its General Manager Mr. L. Barath reported in 2022 (379) E.L.T 310 (Mad), which involved prohibited goods and the writ petition was disposed of in the following terms: "32. We have perused the order dated 29.12.2020 permitting provisional release of the car....
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....ase for the re-determined value and shall pay re-determined duty as mentioned in seizure memo and / or NOC issued by the DRI, HQ, New Delhi. The Bill of Entry shall be assessed in view of pending investigation. 2. The importer shall execute a Bond for Rs. 91,00,000/- (Rupees Ninety One Lakhs only) 3. The importer shall furnish a Bank Guarantee(BG) for Rs. 22,00,000/- (Rupees Twenty Two Lakhs only) 16. Taking into consideration the facts and circumstances of the case and considering the grounds raised in the writ petition and also taking into consideration of the earlier orders passed by this Court, this Court is inclined to modify the conditions imposed in the provisional release order as follows: a) The petiti....