IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-01-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

1. M/s.RG Refineries Pvt. Ltd., Represented By Its Authorized Signatory, Dipay Savla (aged 51 Years)

Khasra No.60/4, Rungta Industries Compound, Village Rampura Dehat, Kashipur Road, Rudrapur, U.S. Nagar, Uttarakhand 263153.

Petitioner(s)

Vs

1. The Deputy Commissioner Group 1-3 Air Cargo Complex, Chennai

600027.

2.The Principal Commissioner Of Customs Group 1-3 Air Cargo Complex, Chennai 600027.

Respondent(s)

PRAYER Directing the Respondent No.1to accept the self assessment of the petitioner as the final assessment and release the Bank Guarantee No.0004nddg00001225 dated 08/04/2024 amounting to Rs.1,58,15,000/ as well as cancel the provisional Duty Bond No.2002245224 dated 08/04/2024 for an amount of Rs.

10,23,26,060 /- executed in favour of the respondents.

For Petitioner(s): Mr.Kishore Kunal Mr.Ranjana Jain Mr.Akshay Agrawal For Respondent(s): Mr.Anu Ganesan, Standing Counsel For Respondents

ORDER

This writ petition has been filed to direct the first respondent to accept the self assessment of the petitioner as the final assessment and release the bank guarantee morefully described in the prayer to this writ petition amounting to Rs.1,58,15,000/- as well as to cancel the provisional duty bond dated 08.04.2024 executed by the petitioner in favour of the respondents for an amount of Rs.10,23,26,060/-. The petitioner had imported gold findings. The respondents had a doubt with regard to the Country of origin of the gold imported by the petitioner.

2. The petitioner had furnished a bank guarantee for a sum of Rs.1,58,15,000/- and had also executed a provisional duty bond dated 08.04.2024 for a sum of Rs.10,23,26,060/- in favour of the respondents and had obtained release of the imported gold on 12.04.2024. The bank guarantee as well as the bond was executed by the petitioner as per the directions of the respondents since the respondents had a doubt with regard to the Country of origin of the imports made by the petitioner.

3. The grievance of the petitioner in this writ petition is that despite the bank guarantee and the bond having been executed by the petitioner on 08.04.2024 itself, till date the respondents have not made the final assessment with regard to the imported goods made by the petitioner and in view of the inordinate delay, the petitioner claims that they have been unnecessarily made to keep the bank guarantee alive.

4. The learned counsel for the petitioner, on instructions, would submit that though in the prayer a direction has been sought for to accept the self assessment of the petitioner as the final assessment, the said prayer is not pressed. He would submit that even as per Regulation 5 of Customs (Finalisation of Provisional Assessment) Regulations, 2018, the provisional assessment will have to be finalized by the proper officer within a period of two months and the same can be extended only for a further period of three months that too by the Commissioner of Customs. He would submit that since the period stipulated in Regulation 5 as stated supra has not been adhered to by the respondents, the bank guarantee, which is the subject matter of this writ petition, has to be released as prayed for in this writ petition.

5. Counter has been filed by the respondents before this Court. According to them, only due to the delay on the part of the petitioner in obtaining the CAROTAR verification report from the Country of origin of the imported goods viz., Tanzania, the final assessment could not be made by the respondents pertaining to the bill of entries submitted by the petitioner for the imported goods. They have also relied upon the communication sent by the petitioner to the Customs Department on 09.04.2024, wherein the petitioner has informed the respondents that verification is pending with regard to the Country of origin of the imported goods. The respondents contend that only due to the said communication there has b