2016 (12) TMI 11

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....xecuted Bond and Bank Guarantee for an amount of Rs. 7,12,935/- pending for submission of re-export documents within six months from the date of said Bond. The appellant was unable to re-export the consignment within stipulated time as they have already sold their bulk drug business. They requested vide their letter dated 09.10.2002 to reassess the said consignment under alternate notification No.94/96-Cus. The Assistant Commissioner vide his letter dated 10.09.2003 rejected the request for reassessment of import under Notification No. 64/96-Cus on the ground that at the time of export the appellant have claimed the exemption Notification No. 158/95-Cus. Accordingly a Bond and Bank Guarantee were executed and accepted by the department. The....

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....bsp; On the other hand Shri Chatru Singh, Ld. Assistant Commissioner (A.R.) appearing on behalf of the Revenue, reiterates the findings of the impugned order. He further submits that it is undisputed fact that the appellant could not re-export the re-imported goods, not only within stipulated time period of six months but even in the extendable time period. Therefore the appellant was duty bound to pay the duty foregone amount of duty for which Bond and Bank Guarantee was executed in terms of Notification No. 158/95-Cus dated 14.11.1995. He placed reliance on the following judgments: 1. R.R. Kobler Overseas P. Ltd. Vs. CC, ICD, Tughlakabad, New Delhi 2016 (333) E.L.T. 98 (Tri. - Del.) 2. Bharat Forge Ltd. Vs. Commissioner Of Customs (....

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....edicals supra, the Hon'ble Supreme Court has held that alternate Notification No. 65/88-Cus should be allowed, if the exemption Notification No.64/88-Cus claimed at the time of import is not admissible due to non-fulfilment of the post import condition. The fact of the present case is also identical in as much as the appellant could not comply the post import condition of re-export of the goods within stipulated period. Hence the issue in hand is squarely covered by the above referred Hon'ble Apex Court judgment. 5.  As regard the judgments relied upon by the Ld. AR, we find that all those judgments are on denial of exemption Notification No.158/95-Cus  for non-compliance of re-export condition, whereas in the present case ....