2013 (5) TMI 682

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... n against the respondents to release the subject matter of goods concerned in respect of the above said Bill of Entry subject to the condition that the petitioner furnishing a bank guarantee to the entire value of Additional Duty of Customs (CVD) to the satisfaction of the second respondent, which should be kept alive till adjudication process is completed. It is made clear that as and when the ba .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 962. 2. According to the petitioner, it is a firm engaged in the business of import and trading of silk yarn and silk fabrics. The petitioner firm imports 100% Woven Silk Fabrics Not Dyed and Printed Article Nos.12101 CDC 58 GMS per metre width 114 Cms 9047.80 metres and Article No.11160 HABOTAI 56 Gms per metre width 114 cms 5022.50 metres and filed Bill of Entry No.9328440 dated 15.02.2013. Th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... or the exemption under Notification No.30/04 CE. The petitioner would contend that in the light of the final orders of the CESTAT, the action of the 2nd respondent in not assessing the above Bills of Entry without including CVD and not clearing the goods is an abuse of process of law. Hence, having no other alternative remedy, the petitioner is before this Court. 4. Heard Mr.S.Krishnanandh, lear .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed of with a direction against the respondents to release the subject matter of goods concerned in respect of the above said Bill of Entry subject to the condition that the petitioner furnishing a bank guarantee to the entire value of Additional Duty of Customs (CVD) to the satisfaction of the second respondent, which should be kept alive till adjudication process is completed. It is made clear th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... respect of the above said Bill of Entries subject to the condition that the petitioner furnishes bank guarantee to the entire value of Additional Duty of Customs (CVD) to the satisfaction of the second respondent, which should be kept alive till the adjudication process is completed. It is made clear that as and when the bank guarantee is furnished, the respondents shall forthwith release the good .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X