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TMI Blog2014 (1) TMI 691X X X X Extracts X X X X X X X X Extracts X X X X ..... the exemption or not - it is appropriate to permit the clearance of the goods on provisional assessment basis by executing appropriate bond. It is submitted that executing a bank guarantee is exempted in respect of public sector undertaking, more so, in the nature of defence undertaking - The respondents are directed to clear the goods on provisional assessment basis on petitioner executing a appropriate bond in respect of the duty levied - Decided in favour of assessee. - Writ Petition No. 51754/2013 - - - Dated:- 26-11-2013 - N Kumar And Rathnakala, JJ. For the Appellant : Sri Shivadass, Adv For the Respondent : Sri P S Dinesh Kumar, Sr Standing Counsel ORDER :- PER : N Kumar The Petitioner M/s.Hindustan Aeronautic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was issued by the respondents proposing the payment of customs duty of Rs.60,60,27,590/- along with interest in respect of the goods valued at Rs.2,10,23,87,785/- imported during the period from January, 2009 to February, 2013. Consequent to denial of exemption under serial No.27 of the notification, they also proposed to confiscate the goods under Section 111(m) of the Customs Act and to impose penalty under the Act. A reply dated 02.08.2013, was submitted by the petitioner to the show cause notice. Thereafter, the first respondent has passed order-in-original dated 20.09.2013/10.10.2013, confirming the proposals made in the show cause notice. Aggrieved by the said order the petitioner filed an appeal along with the stay application on 29 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the goods may be cleared on provisional assessment basis by executing appropriate Bond, or on payment of merit rate of duty. 4. Heard the learned Counsel for the parties. 5. Petitioner is a public sector undertaking which is in the field of manufacturing aircraft and helicopters which are required for the defence of the country. Admittedly, they had the benefit of green channel facility for more than a decade by which all the imported goods were taken out from the customs barriers without any objections, to the place of manufacture. Now a dispute has arisen regarding some items which are imported as to whether they would fall under the exemption or not. 6. It is submitted on behalf of the petitioner that the green channel facilit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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