2012 (3) TMI 245 - HC - Customs

Petition filed to seek assessment of Bill of Entry by allowing exemption from CVD under Notification No.30/2004-CE Held that - Prayer for assessing the BE by allowing the exemption from CVD under Notification No.30/2004-CE, dated 09.07.2004, cannot be granted. Also, respondent is directed to release the goods concerned subject to furnishing of bank guarantee for the entire value of CVD by petitioner.

Summary

Issues:
1. Direction to assess Bill of Entry for exemption from Additional Duty of Customs (CVD) under Notification No.30/2004-CE.
2. Release of goods subject to furnishing a bank guarantee for the entire value of Additional Duty of Customs (CVD).

Analysis:
1. The petitioner sought a direction to assess the Bill of Entry for exemption from Additional Duty of Customs (CVD) under Notification No.30/2004-CE based on specific Final Orders. The Court noted similar orders in past writ petitions and ruled that the exemption cannot be granted. The judgment referenced a previous order in a different case to support this decision, emphasizing consistency in rulings.

2. The Court directed the respondent to release the goods related to the Bill of Entry upon the petitioner furnishing a bank guarantee for the total value of Additional Duty of Customs (CVD). The bank guarantee was to be provided to the satisfaction of the respondent and maintained until the adjudication process concludes. It was clarified that upon furnishing the bank guarantee, the goods should be released promptly, ensuring a balance between the petitioner's request and the respondent's interests.

Overall, the judgment denied the exemption from Additional Duty of Customs (CVD) as requested by the petitioner but allowed the release of goods upon the fulfillment of a bank guarantee requirement. The decision aimed to address the petitioner's concerns while ensuring compliance with relevant regulations and procedures.