TaxTMI 
TaxTMI 
2026 (5) TMI 1183
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....of the case are that the based on the intelligence gathered by the DRI, Raipur that the goods have been imported by the appellant under Bill of Entry No. 5055568 dated 14.08.2024 in container no. MEDU7369550 and MSNU7799310 with the declared description of "draping tubes( window curtain parts/accessories) filed at ICD, MMLP, Naya Raipur was put on hold. The goods were examined under Pachanama proceedings dated 28.08.2024 representative samples of each type of goods from each of the container were drawn. During the cross examination, the valuation of the goods was conducted by government approved valuer. The Government Valuer Report dated 31.08.2024 informed that goods are stainless steel/ alloy steel tubes having total fair import value of ....
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....r he submitted that in their own case vide Final Order No. A/85754-85755/2024 dated 05.08.2024, the provisional release of the said goods have been allowed. Therefore, the appellant be allowed for provisional release of the impugned goods. 4. On the other hand, learned Authorised Representative submitted that during the course of investigation, it was found that the goods are appropriately classified under stainless steel tubes, therefore, goods have been absolutely seized and the seized cash was to be sent by Hawala to the supplier of the goods. 5. Heard the parties. 6. After hearing both the sides I find that first and formost issue arise before whether single member bench can entertain the issue of provisional release of seized ....
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...., in terms of the powers conferred by Section 16 of Bureau of Indian Standards Act, 2016 (11 of 2016). The said order has provided that every steel and steel product shall conform to the corresponding Indian standards, specified in the Table appended to such order. The appended table, has provided various columns therein viz., the Indian Standards, description of products, ITC (HS) codes and the date of implementation of the order. The Ministry of Steel, Technical Division in the Circular dated 20.10.2023, has provided that all the steel importers, importing steel without BIS license to mandatorily apply and seek clarification from the Ministry of Steel, through QCO portal for each and every imported steel consignment. 5. It is an ....
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....s listed in the table appended thereto; and those restricted items were further enlarged in the circular dated 20.10.2023 for consideration of all the imported steel items, for which the importer has to apply and seek clarification for each and every single import consignment. Since, the appellants in the present case, have filed the B/Es prior to the date of issuance of the circular dated 20.10.2023 by the Ministry of Steel, in our considered view, the scope enlarged with regard to 'all the steel items' therein shall have the prospective effect. In this context, para 1.05 in the Foreign Trade Policy (FTP), 2023 has mandated that in case of change in import policy, the imports already made before putting such prohibition / restriction will ....
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....he same could not be ascertained by them, and accordingly returned the sealed remnant samples to the department. By referring to the report submitted by CRCL, the Chartered Engineer had confirmed the estimated market rate of the impugned goods and also stated that the goods do not match / fall in the standard chemical composition range of any one specific grade of SS. On examination of the reports submitted by CRCL and the Chartered Engineer, we find that no definitive inference was drawn, so as to conclude about the exact nature/composition of the product and the true market value of such products. 8. In view of the foregoing discussions, we are of the considered opinion that the appellants should be entitled for provisional relea....