9911796707
TMI Blog2013 (9) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... ications, subject to the condition that the petitioner will give a bank guarantee for 20% of the differential duty and bond for the balance amount as sought for by the respondent in the letter dated 8 July 2013. However, this was subject to the petitioner otherwise complying with the conditions, if any, of both the exemption Notifications. The CESTAT had consistently taken a stand that in the absence of any bar in the notification itself, it was open to an assessee to take benefit of more than one notification - This was so held in the matters of Hindustan Lever Ltd. vs. Collector [1989 (2) TMI 195 - CEGAT, NEW DELHI] and SUPER CASSETTES INDUSTRIES LTD. Versus COMMISSIONER OF CUSTOMS, MUMBAI [ 2006 (8) TMI 192 - SUPREME COURT OF INDIA ] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13 informed the petitioner that the clearance of the imported coal would be allowed provisionally on payment of customs duty at 20% of Bank Guarantee for differential duty and bond for the balance differential duty. (6) It is submitted on behalf of the petitioner that it has been consistent position in law as settled by various decisions that an assessee is entitled to avail of more than one exemption notification, if there is nothing in either of the notifications providing that benefits under any other notification cannot be availed of. In support of the above proposition various decisions of the CESTAT and the Apex Court were cited. (7) On the other hand, Mr. Jetly, learned counsel for the respondent-authority has opposed the grant o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as extended. (9) In the above view of the matter, having regard to the fact that the controversy, which is the subject matter of this petition, has already been referred by the respondent revenue to the Central Board of Excise and Customs to whom the petitioner has also submitted its representation dated 20 April 2013, interests of justice would be served, if during pendency of the petition or till the decision of the Central Board of Excise and Customs, whichever is earlier, the respondent authority shall permit the petitioner to avail of benefits of both the exemption notifications, subject to the condition that the petitioner will give a bank guarantee for 20% of the differential duty and bond for the balance amount as sought for by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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