2026 (1) TMI 963

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....cepted the statement of the learned advocate for Respondent No. 2, on instructions, as an undertaking to this Court, that the goods of the Petitioner, namely Inshell Walnuts covered under six Bills of Entry Nos.6012666, 6012701, 6012703, 6012704, 6012799 and 6012800 all dated 30.11.2025 shall be provisionally released within 2 weeks from 23.12.2025 on such terms and conditions as may be fixed by Respondent No. 2. 2. The Principal Commissioner of Customs, NS-1, JNCH, Nhava Sheva, in compliance of our order dated 23.12.2025, has passed an order dated 06.01.2026, provisionally releasing the goods of the Petitioner viz. Inshell Walnut under Section 110A of the Customs Act, 1962, subject to the Petitioner:- (i) Obtaining NOC from FSS....

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....xecuting a bond equal to the value of the goods and on the Petitioner furnishing a Bank Guarantee of an amount equal to 50% of estimated differential duty. In these circumstances, there is no justification in insisting for a Bank Guarantee of an amount equal to 100% of the estimated differential duty as well as estimated redemption fine and penalty, was the submission. 5. The Petitioner further submits that in the absence of any Show Cause Notice issued to them, it is improper and unjust to ask the Petitioner to furnish a Bank Guarantee even to secure the anticipated fine and anticipated penalties. 6. Relying upon the judgment of this Court in the case of BMS Enterprises V/S Union of India [2025 (2) TMI 886] and the judgment of the De....

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....celess Assessment system (from Kolkata) in consonance with Circular No. 38/2016-Cus dated 22.08.2016 (as amended) read with Circular No. 33/2016-Cus dated 22.07.2016. In terms of the said Circular No. 33/2016-Cus dated 22.07.2016, the Petitioner being a Tier 1 Authorized Economic Provider (AEO) has been given benefit of furnishing 50% Bank Guarantee under Sl.No. 2(b) [as against 100% in case of other importers under Sl.No. 6(b) (1)] of the table below paragraph 3 of the said Circular No. 38/2016-Cus dated 22.08.2016 (as amended). Circular No. 33/2016-Cus provides certain benefits to the entities under three tier AEO under Section 1.5.1 thereof. Item (v) of Section 1.5.1 specifies that in case an AEO Tier 1 entity is required to furnish a Ba....

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....dition of furnishing of the Bank Guarantee of Rs. 4,44,45,033/-, and direct that the Petitioner's goods seized vide Seizure Memo dated 22.12.2025, be released provisionally subject to the Petitioner furnishing a Bank Guarantee for 50% of the estimated differential duty. The rest of the conditions imposed by the Principal Commissioner of Customs shall remain unchanged and shall be complied with by the Petitioner. 11. The Provisional Duty Bond as well as the Bank Guarantee shall be furnished by the Petitioner to Respondent No. 2 within a period of 1 week from today. On the aforesaid Bond and Bank Guarantee being furnished, the Customs Department shall provisionally release the said goods of the Petitioner covered by the six Bills of Entry ....