The Tax Publishers2018 TaxPub(EX) 347 2018 (360) E.L.T. 714

 

Unik Traders v. UOI

 

CUSTOMS ACT, 1962

--Seizure--Provisional release of goodsAllowability of----Where assessee's goods were seized at custom port in Sri Lanka, the same were released by execution of a bond equal to 150% of value of goods and of bank guarantee.--Assessee's goods were seized at a customs port in Sri Lanka. It was not satisfied with the power of seizure contending that there was no reason to believe that goods ought to be seized. Assessee highlighted a solemn treaty between India and Sri Lanka to submit that as far as this treaty is concerned, it enables free trade.Held:Held: There was no reason to question genuineness and authenticity of documents certifying goods to be of Sri Lankan origin on some preliminary investigation. Goods lying in port and incurring several charges, including detention charges as complained. Revenue was directed to pass an order on pending application seeking detention certificate and release goods on execution of bond equal to 150% of value of goods and of bank guarantee.

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