Court No. - 29
Case :- WRIT TAX No. - 1491 of 2018 Petitioner :- M/S Zerogravity Aesthetics Llp Respondent :- Union Of India And Another Counsel for Petitioner :- Rohan Gupta,Dharmendra Singh Counsel for Respondent :- A.S.G.I.,B.K.Singh Raghuvanshi
Hon'ble Pankaj Mithal,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Rohan Gupta, learned counsel for the petitioner and Sri Ashok Singh, learned counsel for the respondents.
The goods imported by the petitioner were confiscated vide order dated 23.8.2018 by the Customs Department without any order of redemption. On the direction of the Court in an earlier petition a redemption order has been passed on 18.10.2018 directing for release the goods on payment of fine of Rs. 10 Lakh with the condition that they shall be exported out of India.
In imposing the aforesaid redemption fine the value of the goods has been unilaterally enhanced from Rs. 38,07,306.74 to 78,1505.68 for which there appears to be no basis.
The submission of Sri Rohan Gupta, learned counsel for the petitioner is that enhancement of value of the goods is totally baseless and violative of principles of natural justice and since the goods are of perishable nature they may be released with liberty to challenge the two orders dated 23.8.2018 and 18.10.2018 in the appropriate forum by way of appeal.
In view of the aforesaid facts and circumstances, as the petitioner can challenge the aforesaid orders in appeal, we dispose of this petition with direction to the respondents to release the goods of the petitioner forthwith on his furnishing bank guarantee of Rs. 12 lacks with liberty to challenge the aforesaid two orders in appeal.
Order Date :- 27.11.2018 C. MANI