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2012 Supreme(Mad) 3545
High Court of Judicature at Madras
M. JAICHANDREN, J.
Texworth International Rep. by its Proprietor Vikram Jain
Versus
The Assistant Commissioner of Customs
W.P. No. 21502 of 2012 & M.P. No. 1 of 2012
Decided On : 14-08-2012
For the Petitioner:Joseph Prabakar, Advocate.
For the Respondent:S. Haja Mohideen Gisthi, Advocate.
The court's decision was based on the fulfillment of duty obligations through specified bonds and Bank Guarantees.
Headnote:
Customs Duty - Release of Goods - The court directed the respondent to release the goods upon the petitioner furnishing a bond for 70% of the differential duty and a Bank Guarantee for the remaining 30% of the duty, along with 100% Bank Guarantee towards the Additional Duty of customs.
Fact of the Case:
The court disposed of the writ petition with directions to release the goods upon the petitioner furnishing specified bonds and Bank Guarantees.
Finding of the Court:
The court found in favor of the petitioner and directed the respondent to release the goods upon fulfillment of the specified conditions.
Issues: Release of goods, furnishing of bonds and Bank Guarantees
Ratio Decidendi: The court's decision was influenced by the earlier order passed in a similar case and the need to ensure fulfillment of duty obligations through specified guarantees.
Final Decision: The writ petition was disposed of with directions for release of goods upon fulfillment of specified conditions.
1. Heard the learned counsel for the petitioner, as well as the learned counsel appearing for the respondent.
2. In view of the earlier order passed by this Court, in W.P.No.3249 of 2011, dated 18.02.2011 (N.C.Alexander vs. Chief Commissioner of Customs, Chennai-1), this writ petition is disposed of with direction to the respondent to release the goods in question, on the petitioner furnishing a bond for 70% of the differential duty and a Bank Guarantee for the remaining 30% of the differential duty, in respect of the goods in question, to the satisfaction of the respondent. The petitioner shall also furnish 100% Bank Guarantee towards the Additional Duty of customs (countervailing duty) to the satisfaction of the respondent.
3. The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
