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2011 (1) TMI 380 - HC - CustomsExemption - Notification No.30/2004-CE, dated 9.7.2004 - The similar orders passed by this Court in a number of writ petitions, held that the exemption from Additional Duty of Customs (CVD),cannot be granted - The respondents are directed to release the goods concerned, in respect of the above said Bills of Entry, subject to the condition that the petitioner furnishes a bank guarantee - when the bank guarantee is furnished, the respondents shall release the goods, forthwith - The writ petition is ordered accordingly. No costs.
Issues:
- Prayer for direction to assess Bill of Entry for exemption from Additional Duty of Customs - Release of goods subject to furnishing a bank guarantee - Compliance with Customs Act, 1962 Analysis: The judgment delivered by Mr. Justice M. Jaichandren, J., addressed the prayer sought in the writ petition regarding the assessment of Bill of Entry for exemption from Additional Duty of Customs (CVD) under Notification No.30/2004-CE, dated 9.7.2004. The court noted the petitioner's request to assess Bill of Entry No.664120, dated 20.10.2010, and Bill of Entry No.735018, dated 30.12.2010, based on Final Order Nos.941 to 942 of 2008 and Final Order No.1109 of 2008. However, the court ruled that the prayer for allowing the exemption from Additional Duty of Customs (CVD) could not be granted, citing previous similar orders passed by the court. In response to the above issue, the court directed the respondents to release the goods related to the Bills of Entry mentioned, provided the petitioner furnishes a bank guarantee for the entire value of Additional Duty of Customs (CVD) to the satisfaction of the second respondent. The bank guarantee was mandated to remain active until the adjudication process was finalized. The court explicitly stated that upon furnishing the bank guarantee, the goods should be released promptly, emphasizing compliance with the Customs Act, 1962. Ultimately, the writ petition was ordered in line with the court's directives, with no costs imposed on either party. This comprehensive analysis of the judgment highlights the key issues addressed by the court, the decisions made, and the legal principles applied in the context of the petitioner's prayer for exemption from Additional Duty of Customs and the subsequent release of goods subject to the provision of a bank guarantee.
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