2020 (5) TMI 156

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....ternal trade in various commodities by way of imports and exports. 2. It imported certain quantity of gold granules vide six bills of entry, details of which are annexed in Annexure P.2. I. 3. The petitioner classified the said imported goods under CTH No.7108 1300 of the Customs Tariff Act and claimed exemption from payment of Customs duty in terms of Sl.No.966 of the table to Notification No.82 of 2018- Cus dt.31-12-2018 amending Notification No. 46/2011 dt. 01-06-2011. 4. Petitioner contends that as per the said Notification as amended, goods imported from Indonesia falling under chapter sub-heading 71081300 of Customs Tariff, qualify for concessional rate of duty of customs at 0% during the material period of import under the subject....

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.... and Customs vide Circular No.38/2016 dt.22-08-2016; and on the insistence of the respondents it had executed a provisional duty bond supported by 100% Bank Guarantee from a Scheduled Bank to cover the exempted duty for provisional assessment of the subject Bills of Entry and release of goods. 8. Petitioner contended that under duress, he had furnished Bond and Bank Guarantee for each of the consignments imported under the six bills of entry, so as to clear the goods in time and to avoid demurrage and price fall risk. The details of Bonds and Bank Guarantees furnished are attached as Annuxre-P-2.1/P-7.1 to P-7.6. 9. It is not in dispute that the respondents had sought to make a retroactive check in February, 2020 vide. Jak.Com/217/2/2016(....

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....ted within three months from the date of such request. 13. According to the petitioner the maximum period contemplated under the said Rules for initiating and contemplating retroactive check of the certificate of origin is five months, but in the instant case the respondent had not even initiated any such retroactive check within the maximum time period of two months. It is contended that even if request is initiated by respondents, it would be futile. 14. Petitioner contends that he had submitted a detailed representation on 18-01-2020 to the Deputy Commissioner of Customs (Imports), Air Cargo Complex, Shamshabad Airpolt (4th respondent) with a copy marked to the 3rd respondent requesting for return of Bonds and Bank Guarantees furnished....