Sai Exports Vs. Commissioner of Customs (Port-Import) – 2018 (10) G.S.T.L. 161 (High Court- Madras)

Provisional assessment of goods without mechanically insisting for personal bond and bank guarantee.

Facts- The petitioner is an importer of various textile fabrics from China and other countries and in the course of business activities, they had imported a consignment of 100% Knitted Polyester Fabric of specification (220-240 GSM) 75 X 100 Denier from China. The petitioner imported quantity at the unit price of US$ 2, by Invoice dated 28-3-2017, the total invoice value is US$ 300.20. Based on this, the petitioner has filed Bill of Entry No. 9317183, dated 16-4-2017 before the third respondent. The third respondent has directed the petitioner to furnish bond and Bank guarantee for provisional assessment of the subject goods. Being aggrieved by the same, the petitioner is before this Court.

Held- The Hon’ble High Court held that, there is no justification on the part of the respondents to mechanically insist for furnishing bond and Bank guarantee for provisional assessment of the subject goods. The value declared by the petitioner in respect of identical goods has been accepted by the Commissioner of Customs (Appeals) in the order dated 1-5-2014 and such order has not been stayed by the CESTAT. Mere pendency of an appeal before the Appellate forum will not amount to stay of the order passed by the lower forum/authority. In the instant case, the valuation of the identical goods passed by the Commissioner of Customs (Appeals) is binding on the respondent. In the above, the writ petition is allowed, the impugned order is quashed and the respondent is directed to provisionally assess the subject goods relating to Bill of Entry dated 16-4-2017 without mechanically insisting upon personal bond and the Bank guarantee by taking note of the decision of the Commissioner of Customs (Appeals) dated 1-5-2014 in Order-in-Appeal C. Cus No. 745/2014 and pass appropriate orders for release of the goods on provisional assessment within a period of three weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

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