Revenue does not appear to be inclined to follow binding orders of Supreme Court - Provisional Release ordered by High Court
THE Deputy Commissioner of Customs, ICD imposed the following conditions for provisional release of certain goods seized by the DRI.
(i) 100% payment of differential duty amounting to Rs. 1,21,66,403.
(ii) execution of bond equivalent to 100% value of the goods i.e. Rs.4,70,60,877/-.
(iii) furnishing Bank Guarantee equivalent to 25% of the differential duty of Rs. 1,21,66,403/- with auto renewal clause as per RBI guidelines.
(iv) furnishing an undertaking by the importer that they will not dispute, challenge the quantity and weight of the seized goods at any stage.
The High Court noted that in spite of orders of the Supreme Court and the High Court, Revenue continues to impose harsh conditions for provisional release of goods; Revenue does not appear to be inclined to follow the binding orders of the Supreme Court, and are compelling exporters and importers to approach this Court every time for relaxation of the conditions imposed for the provisional release of good s.
High Court ordered provisional release on the Petitioner executing a bond in a sum equal to 100% of the value of the goods and further furnishing security in the form of a bank guarantee for a sum equivalent to 30% of the differential duty, with an auto renewal clause.