Timely re-export condition under customs exemption satisfied where shipping bill filing and bond extension were accepted.

Re-imported goods repaired abroad qualified for exemption under Notification No. 158/95-Cus. because the re-export shipping bill was filed within the permitted period and the later online filing was treated as a procedural continuation. The bond executed under the notification had been extended and that extension was accepted by Revenue, so the period for re-export was treated as extended along with bond validity. On these facts, the condition of timely re-export was treated as satisfied, the denial of exemption was held unsustainable, and the alternative claim under Notification No. 94/96-Cus. was left open.

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Issues: Whether the appellant was entitled to exemption under Notification No. 158/95-Cus. for re-imported goods where the re-export shipping bill was filed within one year of re-import and the bond period had been extended.

Analysis: The re-imported goods had been earlier exported for repair and were sought to be re-exported within one year of re-import. The first shipping bill was filed within that period, and the later online filing was treated as only a procedural continuation to satisfy the computer system requirement. The bond executed under the notification had also been extended and the extension was accepted by the Revenue, which meant that the period for re-export stood extended along with the bond validity. In these facts, the condition of re-export within the stipulated period was treated as complied with, and the contrary judgments were held inapplicable on the peculiar facts.

Conclusion: The appellant was eligible for exemption under Notification No. 158/95-Cus., and the denial of benefit was unsustainable.

Final Conclusion: The impugned order was set aside and the appeal succeeded. The alternative claim under Notification No. 94/96-Cus. was left open.

Ratio Decidendi: Where the re-export shipping bill is filed within the permitted period and the bond validity is extended and accepted, the requirement of timely re-export under the exemption notification is treated as satisfied.

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