Case Law Details
Modern Insecticides Limited Vs Commissioner of Customs and others (Punjab and Haryana High Court)
In the present case, it has come on record that the samples with respect to the goods in question have already been taken by the Authorities. Moreover, the petitioner is a 100% export-oriented unit and thus, any difference in the declaration of the value of the goods to be exported by the petitioner would not make much difference, as the petitioner would be entitled to seek 100% refund of the duty paid. However, while balancing the rights of the petitioner with the interest of the revenue, we dispose of the present writ petition in the following terms: –
(i) The petitioner is directed to furnish a bond amounting to Rs. 15 crores.
(ii) That within seven days of the petitioner submitting the said bond and complying with the other formalities as per law, the respondents are directed to provisionally release the goods in question for re-export.
(iii) The petitioner be permitted to re-export the goods by using the nomenclature “Sulphur Formulation” and it is observed that using of the said nomenclature would not bind the Department and would not entitle the petitioner to raise a plea of estoppel in the pending proceedings or in any proceedings to be initiated by the respondents.
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