2026 (5) TMI 385

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.... Department, challenging the interim order dated 26.12.2025 made in W.M.P.No.56394 of 2025 in W.P.No.50387 of 2025. 2. The respondent, namely, M/s.Balaji Trading Company is a proprietary concern engaged in the import and local sale of food products, including areca nuts and the respondent imported a consignment described as split betel nuts (areca nuts) from Bangladesh and filed Bill of Entry No.6230018 dated 11.12.2025, claiming classification under CTH08028090 and exemption from Basic Customs Duty under Notification No.99/2011-Cus dated 09.11.2011, on the strength of a SAFTA Certificate of Origin issued by the competent authority in Bangladesh. 3. At the time of assessment, the Customs authorities, in exercise of their statutory pow....

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.... of powers conferred under the Customs Act, 1962, cases related to verification of origin under FTAs based on the reasonable belief that the matter involves misdeclaration of origin / value addition, 100% of Bank Guarantee or Cash Deposit to be obtained as "security" of the differential duty. Since Writ Court has granted an interim order, permitting the respondent herein to furnish Bank Guarantee for 10% and execute indemnity bond for 90% of the differential duty, the Department has preferred the present Writ Appeal, stating that in the event of non-furnishing of 100% Bank Guarantee as stipulated in the Circular, there is a possibility of loss of revenue to the State and the Circular being protective measure undertaken by the Ministry of Cu....

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....evenue is to be protected, if any order of provisional release is ordered either by the authority under the Customs Act, 1962 or by Courts. The Commissioner of Customs (Imports), vide proceedings dated 23.12.2025 addressed a letter to the respondent, stating that the subject Bill of Entry was assessed provisionally against a bond with 100% Bank Guarantee pending verification of the country of origin as per Rule 6(1)(b) of CAROTAR, 2020. 11. The High Court, while exercising the powers of judicial review, is expected to exercise restraint in the matter of protection of revenue. Any liberal approach in protecting the State revenue may result in causing financial loss to the public funds. Therefore, the Act, Rules or Circular, as applicable,....