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        Case ID :

        2011 (6) TMI 20 - HC - Customs

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        Release of imported goods on quantified customs duty payment and anti-dumping duty guarantees, with final adjudication to follow. Imported goods were to be released upon payment of quantified customs duty and furnishing of bank guarantees for the quantified anti-dumping duty, with ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Release of imported goods on quantified customs duty payment and anti-dumping duty guarantees, with final adjudication to follow.

                                Imported goods were to be released upon payment of quantified customs duty and furnishing of bank guarantees for the quantified anti-dumping duty, with the revenue safeguarded by keeping the amounts subject to final adjudication. The inspection certificate accepted by both sides formed the basis for quantification, and the arrangement allowed release only on compliance with those conditions. Any anti-dumping duty in excess of the bank guarantees remained recoverable, and the adjudication proceedings were required to be completed within eight weeks.




                                Issues: Whether the imported goods were to be released on payment of quantified customs duty and furnishing of bank guarantees towards anti-dumping duty, with the adjudication proceedings to be completed within a fixed time.

                                Analysis: The certificate of inspection furnished pursuant to the interim orders was accepted by both sides. On that basis, the amounts payable towards customs duty and anti-dumping duty were quantified. The petitioner undertook to pay the customs duty and furnish bank guarantees for the anti-dumping duty, while the respondents agreed that release of the goods could follow compliance with those conditions. The order also protected the revenue by stating that any excess anti-dumping duty beyond the bank guarantees would be payable and that the amounts paid would remain subject to the final adjudication.

                                Conclusion: The goods were directed to be released on payment of the specified customs duty and furnishing of the specified bank guarantees for anti-dumping duty, and the adjudication proceedings were to be completed within eight weeks.


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                                ActsIncome Tax
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