TIRUPATI CHEMICALS Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THE petitioner has filed this writ petition for a Mandamus directing the respondents to release the goods namely 42.260 kilograms of Slack Wax, imported vide Bill of Entry No.5526310, dated 21.12.2011 on the value declared by the petitioner at USD 16,904.00 totally.

(2.) THE case of the petitioner is that the petitioner's firm imported 42.260 kilograms of Slack Wax from M/s.Baykim Chemicals, Turkey vide invoice No.70221, dated 19.08.2011. THEy filed Bill of Entry No.5526310, dated 21.12.2011 for clearance of the same for Home Consumption and declared the value of the imported goods at USD 0.400 per kilogram. THEreafter, the above Bill of Entry was forwarded to the third respondent for verification of value. On verification, the third respondent alleged that the petitioner had undervalued the goods. Consequently, the respondents withhold the goods for payment of duty of the differential value. THE petitioner submits that the if the goods namely Slack Wax are not released forthwith, it will melt shortly and it will cause great prejudice to the petitioner. Further, this Court in similar situation, ordered provisional release of the goods with certain conditions and the learned counsel requests this Court to pass a similar order in the case of the petitioner also.

(3.) ON analysis of the entire facts would reveal that the claim of the petitioner is that they had imported 42.260 kilograms of Slack Wax from M/s.Baykim Chemicals, Turkey, vide invoice No.70221, dated 19.08.2011. Based on which, the petitioner had filed Bill of Entry No.5526310, dated 21.12.2011 for clearance of the same for Home Consumption. The petitioner declared the value of the goods at USD 16,904.00 totally for 42.260 Kilograms i.e. USD 0.400 Per Kilogram. Thereafter, they forwarded the Bill of Entry to the third respondent for verification of the value. However, the third respondent had alleged that the value of the goods is less and the petitioner had undervalued the goods.