- (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. The respondents on notice filed a counter affidavit stating that while the petitioner's firm importing Slack Wax, they undervalued the goods. Based on the documents recovered by the Directorate of Revenue Intelligence, Thoothukudi from other importers as well as National Input Data Base, the actual value of the Slack Wax appears to be USD 1058 per MT, whereas the petitioner declared the value as USD 400 per MT. The respondents in the counter affidavit also suggested the petitioner to deposit the duty amount of Rs.6,14,323/- and Bank Guarantee for Rs.10.62 lakhs being 30% of Market Value of Rs.35.04 lakhs as determined by Directorate of Revenue Intelligence, Thoothukudi and bond in the form Appendix-V for the assessable value of Rs.24,02,043/-, keeping in view to safeguard the revenue of the Department. The respondents also stated that the investigation is yet to be completed, so also the adjudication proceedings by the department. Heard Mr.A.K.Jayaraj, learned counsel for the petitioner and Mr.R.Aravindan, learned standing counsel for the respondent department and this Court perused the documents filed in support of the submissions.
(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. Further, the petitioner claims that when Slack Wax is not prohibited for importing and Slack Wax was declared as freely importable goods, the value declared by the petitioner has to be accepted as correct as per the provisions of the "Customs (Provisional Duty Assessment) Regulations, 1963. The petitioner's claim for provisional release has not been considered by the respondents 1 and 2. However, the third respondent had already sent a letter to them accepting for provisional release of the goods fixing the value.;