Exemption from payment of whole of Customs duty - failure to...

Exemption from payment of whole of Customs duty - failure to re-export 39 containers within the period of six months prescribed in the said notification purportedly due to some fire on the port and damage to other containers - The tribunal held that, there was clearly a breach of condition of exemption notification and in the absence of any remission or waiver of duty having been granted by the competent authorities and the same not having been sought by the party for considerable length of time. - Thus while confirming the demand of duty, the CESTAT remanded back the matter on the ground of valuation with full transparency.