PROJECTS DEVELOPMENT INDIA LTD Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) THE learned advocate, Sri Saha, stated that this is a case in which they had imported certain goods under Project Import and cleared them on a provisional basis after executing a bond in terms of Section 18 of the Customs Act. Subsequently, in terms of the conditions they-had submitted relevant documents including reconciliation statement and other documents for finalisation of the assessment.

(2.) Perhaps the Custom House could not either trace out or link the documents and issued the notice in question on the basis of the presumption that the documents had not been submitted and appropriated Rs. 20 lakhs for which the bond was given.

(3.) IT was also their contention that, in any eventuality, the amount of Rs. 20 lakhs could not have been appropriated straightaway without first finalising the assessment on the basis of materials available on record.