Filing of B/E u/s 46 inapplicable for gold jewellery, exported for exhibition, being re-imported

Additional Director General (Adjudication) Vs It’s My Name Pvt Ltd (Delhi High Court)

Delhi High Court held that, in respect of gold jewellery, which was exported for exhibitions and re-imported into the country, the procedure of filing of a B/E, under Section 46 of the Customs Act, was inapplicable.

Facts- Gold, imported into India by the respondent, was seized by the Directorate of Revenue Intelligence (DRI), in part from the workshop/factory premises of the respondent and in part from the Airport, after the gold had crossed the Customs barrier.

The lis, as regards provisional release of the gold seized from the factory/warehouse of the respondent as well as 25400.06 grams gold jewellery covered by Bill of Entry (B/E) No. 107190 dated 26th February 2019 seized at the Airport, thus, stands concluded, with the Supreme Court upholding our judgment subject to enhancement of the quantum of B/G to be furnished from ₹ 10 crores to ₹ 15 crore.
Qua the third consignment, viz. 25299.68 grams gold jewellery also seized at the Airport, the respondent has filed the present Review Petition, seeking review of our decision to set aside the judgment of the learned Tribunal, which had permitted provisional release of the said consignment as well.

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