2025 (10) TMI 893

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....e purpose of granting provisional release of the seized goods covered under Bill of Entry No.8288824 dated 11.02.2025 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 bill of entry and the goods were moved to the Special Economic Zone unit situated at Ponneri Taluk, 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 test report, a decision would be taken for release of the goods. Accordingly, the DRI detained the g....

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....ts vehemently opposed the relief sought for by the petitioner, on the ground that the authority has re-determined the value of the goods to the tune of Rs. 63,00,000/- and if at all the petitioner wants the release of the goods, the petitioner has to either pay the re-determined duty for the re-determined value or furnish a bank guarantee as has been directed by the second respondent to the tune of Rs. 13,00,000/-. 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....

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....ition is disposed of with the following directions: (i) The petitioner is directed to remit the entire duty as assessed by them; (ii) The petitioner is directed to pay 50% of the differential duty which has been arrived at by the Department as Rs. 22.72 lakhs; (iii) The petitioner is directed to execute a bond for the remaining 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 Departmen....

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....ue shall permit provisional release of the cargo within seven (7) days therefrom, which shall be subject to the result of the adjudication of the show-cause notice." 14. In the case in hand, the goods that are involved are Viscose Knitted Fabric, which according to the Department has been misclassified and undervalued. Therefore, the Department is proceeding further with the adjudication proceedings. Pending 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....