M/S OM GEMS AND JEWELLERY vs DEPUTY COMMISSIONER OF CUSTOMS (IMPORT) AIR CARGO COMPLEX NSCBI AIRPORT & ORS.

Judgment text excerpt

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21st January, 2025 + W.P.(C) 6218/2024 & CM APPL.25897/2024 M/S OM GEMS AND JEWELLERY .....Petitioner Through: Mr. Kishore Kunal, Ms. Runjhun Pare, & Mr. Jayesh Sitlani, Advs. (M: 9425901526) versus DEPUTY COMMISSIONER OF CUSTOMS (IMPORT) AIR CARGO COMPLEX NSCBI AIRPORT & ORS. .....Respondents Through: Mr. Satish Aggarwala, Sr. Standing Counsel for Indirect Taxes, Department of Revenue for R-1. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner- M/s. Om Gems & Jewellery challenging the assessment order dated 23rd February, 2024 passed by the Adjudicating Authority and sought release of the bank guarantee amounting to Rs. 22,07,264/- from the Respondent. This is the second round of litigation. The earlier round has culminated in the decision of this Court in M/s. Om Gems & Jewellery v. Principal Commissioner, Directorate of International Customs, Free Trade Agreements (FTA) Cell New Delhi & Ors., 2023:DHC:8984-DB which was disposed of vide order dated 14th December, 2023. 3. The brief background of this case is that the Petitioner had imported a W.P.(C) 6218/2024 Page 1 of 7 Signature Not Verified Digitally Signed By:RAHUL Signing Date:22.01.2025 21:05:40 consignment of gold jewellery from Indonesia and had availed the benefit of exemption Notification No.46/2011-CU dated 01st June, 2011 and Notification No.12/2012-CE dated 7th March, 2012. According to the Petitioner, the said Notifications granted benefit of NIL rate of Basic Customs Duty (‘BCD’). The authority, however, vide order dated 23rd January, 2016 directed the Petitioner to submit a Bank Guarantee and Bond