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
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W.P.(C).31933/2008
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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