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2014 (1) TMI 691

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..... ve engines from foreign suppliers viz. M/s. Rolls Royce, UK, M/s. BAE Systems, UK, M/s. Honeywell, M/s. Turbomeca, France etc. who are the leading manufacturers of engines and aircraft parts in the world. 2. The Petitioner has been claiming exemption from payment of customs duties in terms of Notification No.39/96-Customs, dated 23.07.1996, for several parts of engines required for manufacturing aircraft/helicopter engines, upon fulfilling various conditions stipulated therein. 3. The Revenue entertained a view that the exemption under Notification No.39/96 dated 23.07.1996 claimed by the petitioner does not cover the items such as castings, forgings, jet pipes, CDs etc. as on the imported items, certain activities were undertaken after i .....

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..... re, seeking restoration of the green channel facility, as there was a threat of encashing the bank guarantee, which was furnished. The petitioner has preferred this writ petition seeking stay of the order of the respondent till the Tribunal disposes of the appeal and allows assessment in respect of the imported goods which are pending for customs clearance by extending the exemption under serial No.7 of the notification and continue the accreditation under the Accredited Client Programme, till the date of its validity. After filing the writ petition, the respondents have sent a reply to the representation of the petitioner dated 20.11.2013 which reads as under:-    "The matter has been examined. It is seen that the Commissioner o .....

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..... t extend the benefit of notification and green channel facility to the petitioner. However, they have suggested that the goods may be cleared on provisional assessment basis by executing appropriate bond or on payment of import rate of duty. 7. Learned Counsel for the petitioner submits that till the disposal of the appeal on merits, they are prepared to have a provisional assessment and they will execute a appropriate bond for the duty payable, so that the goods could be cleared and the manufacturing activity is in no way affected. In the light of what is stated above and the reply given by the authorities, we deem it appropriate to permit the clearance of the goods on provisional assessment basis by executing appropriate bond. It is subm .....

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