JAIRAM TRADERS Vs. PRINCIPAL COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) What is prayed in this petition filed under Article 226 of the Constitution is to direct the respondent authorities to release the consignment of the petitioner imported by the petitioner under Bill of Entry No. 4961272 on the terms and conditions which the Court may deem fit.

(2.) As per the impugned communication dtd. 25/10/2021, insofar as it applies to the petitioner herein, the respondent no.2 authority has imposed condition on the petitioner for allowing provisional release of the goods-raw magnesite on furnishing bond of full value of the goods with furnishing of the Bank Guarantee of differential duty calculated at 200% of Basic Customs Duty and Integrated Goods and Service Tax.

(3.) The petitioner who is engaged in the business of trading in different commodities, purchased consignment of magnesite lumps from a party named Blue Sky Mineral Insulating Manufacturing Ltd. at Abu Dhabi-United Arab Emirates. The gross weight of the consignment was 280000 kilogram and the total price was 23800 USD. The goods were accompanied with commercial invoice dtd. 11/7/2021 in favour of the petitioner.