Exemption from additional customs duty declined for imported silk yarn; release ordered only against full bank guarantee.

Imported silk yarn was not granted the benefit of exemption from additional duty of customs under Notification No. 30/2004-CE. The Court declined the exemption request by following earlier similar orders, and held that the claim could not be accepted on the facts presented. The goods were nevertheless ordered to be released, but only on the petitioner furnishing a bank guarantee for the full amount of the additional duty of customs, to remain alive until adjudication was completed.

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Issues: Whether the petitioner was entitled to assessment of the imported silk yarn by extending the benefit of exemption from additional duty of customs under Notification No. 30/2004-CE dated 09.07.2004.

Analysis: The request for exemption from additional duty of customs was declined in view of earlier similar orders of the Court. The order nevertheless directed release of the goods on the petitioner furnishing a bank guarantee for the entire value of the additional duty of customs, to be kept alive until adjudication was completed.

Conclusion: The claim for exemption was rejected. The goods were directed to be released only on furnishing of a bank guarantee for the full amount of additional duty of customs.

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