Additional Duty of Customs exemption denied, but goods to be released against a bank guarantee pending adjudication.

Exemption from Additional Duty of Customs under Notification No. 30/2004-CE was denied in respect of the Bills of Entry. The goods were nevertheless directed to be released pending adjudication, subject to the petitioner furnishing a bank guarantee for the full Additional Duty of Customs value to the satisfaction of the authority, and the guarantee was required to remain alive until adjudication was completed.

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Issues: Whether exemption from Additional Duty of Customs (CVD) under Notification No. 30/2004-CE dated 09.07.2004 could be granted in respect of the Bills of Entry, and whether the goods were liable to be released pending adjudication.

Analysis: The prayer for assessment of the Bills of Entry by allowing exemption from Additional Duty of Customs under the notification was declined. At the same time, the respondents were directed to release the goods covered by the Bills of Entry on the petitioner furnishing a bank guarantee for the entire value of the Additional Duty of Customs, to the satisfaction of the authority, and the guarantee was to be kept alive until completion of adjudication.

Conclusion: Exemption from Additional Duty of Customs was denied, but the goods were directed to be released upon furnishing of a bank guarantee for the full CVD value.

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