High Court Kerala High Court

M/S.Polycolors International vs The Assistant Commissioner Of … on 3 November, 2008

Kerala High Court
M/S.Polycolors International vs The Assistant Commissioner Of … on 3 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31933 of 2008(B)


1. M/S.POLYCOLORS INTERNATIONAL,
                      ...  Petitioner

                        Vs



1. THE ASSISTANT COMMISSIONER OF CUSTOMS,
                       ...       Respondent

2. COMMISSIONER OF CUSTOMS (APPEALS),

3. UNION OF INDIA, REPRESENTED BY

                For Petitioner  :SRI.D.PREM KAMATH

                For Respondent  :SRI.ABRAHAM THOMAS,SC,CENTRAL BOARD-EXC

The Hon'ble MR. Justice V.GIRI

 Dated :03/11/2008

 O R D E R
                        V.GIRI, J
                      -------------------
                  W.P.(C).31933/2008
                      --------------------
      Dated this the 3rd day of November, 2008

                      JUDGMENT

Petitioner imported E-Glass Chopped strand mat

from China with a declared price of Rs.39.70 per Kg.

That was detained by the Customs Authority. As per

Ext.P1 order, the Assistant Commissioner of Customs

rejected the invoice value and determined the value

based on NIDB value. On appeal, the Deputy

Commissioner accepted the invoice value as per Ext.P2

order. In spite of the same, the goods have not been

released to the petitioner and hence the writ petition.

2. Learned counsel for the respondents submits that

Ext.P2 order is proposed to be taken up in further

appeal before the CESTAT and goods therefore, could

not be released in terms of Ext.P2.

3. After hearing learned counsel on both sides, I am

of the view that the petitioner shall be permitted to get

the goods released, but subject to condition that the

W.P.(C).31933/2008
2

petitioner furnishes a bank guarantee for the differential

value that is shown in the invoice and assessed in Ext.P1

order. Said bank guarantee shall remain in force for a

period of six months. It is upto the respondents to

approach the appellate authority against Ext.P2. Further

continuation of the bank guarantee shall depend on the

interim orders if any, that may be passed by the

appellate authority against Ext.P2. On furnishing the

bank guarantee, goods shall be released to the

petitioner.

Writ petition is disposed of as above.

V.GIRI,
Judge

mrcs