2024 (12) TMI 685

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....ation networking equipment. It had imported certain goods which were subject matter of an investigation by the Directorate of Revenue Intelligence (DRI) Mumbai zone on the ground that there was mis-classification of the goods. It is the Petitioner's grievance that despite the issue of classification having been settled in favour of the Petitioner, the Revenue Department is insisting on goods being released provisionally subject to Petitioner's furnishing of bonds. 3. The case of the Petitioner was that it was entitled to exemption under Notification No. 24/2005 dated 1st March, 2005 but the DRI opined otherwise. 4. A show cause notice was issued on 26 February, 2021 and a demand of Rs. 13,01,83,674/- was raised along with interest on ....

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....rial No. 13 after the amendment vide notification dated 11.07.2014. However, in terms of the exemption entry at Serial No.40, newly introduced with effect from 11.07.2014, the parts of all the goods which are excluded from the scope of entry at Serial No.13, have been made eligible for basic customs duty exemption, which enables domestic manufacture of such goods, by allowing the parts of such goods to be imported under the duty exemption to encourage capacity building in indigenous production of such goods. Thus, viewed from this angle too, all parts of such goods at serial No.40, irrespective of its classification under any chapter of the First Schedule to Act of 1975, would be eligible for basic customs duty exemption. 28. We al....

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....ly be classifiable under CTH 8517 70 and not under CTH 8517 62 90, as claimed by Revenue." 6. On the basis of the classification as was decided by the CESTAT, the Petitioner continued to import goods into India. However despite the CESTAT's order dated 18th December, 2023, in respect of several bills of entry it is the case of the Petitioner that it was compelled to get provisional assessment done and accordingly release of goods were affected. 7. The grievance of the Petitioner is that this procedure continued on behalf of the DRI and there were more than 400 bills of entry which were to be assessed and on each of them the DRI insisted that the provisional assessment would be done. 8. According to the Petitioner after the CESTAT's....

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....he proper officer is satisfied that an importer or exporter is unable to produce any document or furnish any information necessary for the assessment of duty on the imported goods or the export goods, as the case may be; or (b) where the proper officer deems it necessary to subject any imported goods or export goods to any chemical or other test for the purpose of assessment of duty thereon; or (c) where the importer or the exporter has produced all the necessary documents and furnished full information for the assessment of duty but the proper officer deems it necessary to make further enquiry for assessing the duty, the proper officer may direct that the duty leviable on such goods may, pending the production of such doc....

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....ted 29.3.2018.] from the first day of the month in which the duty is provisionally assessed till the date of payment thereof. (4) Subject to sub-section (5), if any refundable amount referred to in clause (a) of sub-section (2) is not refunded under that sub-section within three months from the date of assessment of duty finally, there shall be paid an interest on such unrefunded amount at such rate fixed by the Central Government under section 27-A till the date of refund of such amount. (5) The amount of duty refundable under sub-section (2) and the interest under sub-section (4), if any, shall, instead of being credited to the Fund, be paid to the importer or the exporter, as the case may be, if such amount is relatable....