2025 (10) TMI 187

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.... 16.01.2025 (2) 7809812 dated 16.01.2025 (3) 7814955 dated 16.01.2025 (4) 8250451 dated 08.02.2025 (5) 8250666 dated 08.02.2025 (6) 8394683 dated 17.02.2025 (7) 8401212 dated 17.02.2025 (8) 8411983 dated 18.02.2025 and consequently to modify the above said condition for the purpose of provisional release of the said goods. 2. The petitioner had imported goods which are 'PVC Coated Fabric' vide the subject bills of entry and the goods were moved to the Special Economic Zone unit situated at Nandiyambakkam, Chennai. The petitioner had approached the respondent for clearance of the goods from the Special Economic Zone unit. The petitioner was informed that the DRI officials have initiated investigation and only after obtaining the tes....

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....r the re-determined value or furnish a bank guarantee as has been directed by the respondent to the tune of Rs. 1,55,50,000/-. The learned counsel therefore submitted that the impugned provisional release order that has been put to challenge in the present writ petition does not warrant the interference of this Court. 6. This Court has carefully considered the submissions made by the learned counsel on either side and the materials available on record. 7. The respondent has exercised jurisdiction under Section 110A of the Customs Act, 1962. The respondent has taken into consideration the redetermined value of the goods under the subject bills of entry to the total tune of Rs. 5,41,00,000/- and the petitioner is supposed to pay the re-dete....

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....aining amount to the satisfaction of the respondents. (iv) The petitioner shall execute an indemnity bond stating that in the event of Shri.S.Ariya raising any claim over the goods or concerning the use of IEC code issued in favour of M/s. Green Line, the petitioner Mr.Mohamed Kalith alone would be fully responsible for 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 Custo....

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....ending the same, the impugned provisional release order has been passed. 15. The conditions that have been imposed in the provisional release order are as follows: Specific Conditions: 1. The importer shall file the DTA Bill of Entry for provisional release 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....