2026 (9) TMI 1779

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....furnish a bank guarantee for provisional release of the goods covered by Bill of Entry No.2565459 dated 10.06.2025. The petitioner contends that the said condition is arbitrary and onerous. 2. The petitioner imported Polyester Woven Fabric with PVC Coating under Bill of Entry No.2565459 dated 10.06.2025. The consignment arrived at Chennai but was not released on the ground of incorrect classification of the goods. The petitioner thereafter approached this Court by filing W.P.No.5424 of 2026 seeking release of the goods on the basis of the representation dated 25.09.2025 submitted by the petitioner. By order dated 13.02.2026, this Court directed the respondents to consider the said representation. Pursuant thereto, the impugned order date....

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....of the duty declared by the importer, payment of 30% of the differential duty and execution of a personal bond for the remaining 70% of the differential duty. 8. In the present case, the petitioner has already paid 5% of the applicable duty and has undertaken to execute a personal bond for the balance duty, if any. The final duty liability is yet to be determined in the adjudication proceedings. Therefore, at this stage, the differential duty payable by the petitioner cannot be treated as finally determined. 9. The purpose of provisional release is to ensure that the goods are not unnecessarily detained during the pendency of investigation or adjudication, while at the same time adequately protecting the interest of the Revenue. The c....