Customs exemption denied; goods released only on furnishing bank guarantee pending adjudication

The claimed exemption from Additional Duty of Customs under Notification No. 30/2004-CE dated 09.07.2004 was not accepted, so assessment of the Bill of Entry proceeded without that relief. However, the goods were ordered to be released on the petitioner furnishing a bank guarantee for the full CVD value to the satisfaction of the respondent, and the guarantee was to remain in force until adjudication was completed. Upon furnishing the guarantee, release of the goods was directed forthwith. The operative effect was rejection of the exemption claim, coupled with conditional interim release of the imported goods.

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Issues: Whether the petitioner was entitled to assessment of the Bill of Entry by granting exemption from Additional Duty of Customs (CVD) under Notification No. 30/2004-CE dated 09.07.2004, and the consequential relief regarding release of the goods.

Analysis: The claimed exemption from Additional Duty of Customs under Notification No. 30/2004-CE was not granted. At the same time, the goods were directed to be released on the petitioner furnishing a bank guarantee for the entire value of the CVD to the satisfaction of the respondent, to be kept alive until completion of adjudication. Upon furnishing the bank guarantee, release of the goods was directed forthwith.

Conclusion: The exemption claim was rejected, but the petitioner obtained conditional release of the goods on furnishing bank guarantee.

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