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2019 (2) TMI 344 - AT - CustomsStay on recovery - Encashment of Bank Guarantee - Import of High Density Polyethylene (HDPE) - addition of carbon black - Benefit of exemption under N/N. 21/2002-Cus dated 01.03.2002 Serial No 477 and 559 and N/N. 12/2012-Cus dated 17.03.2012 serial No. 236 and 237 - Import of - eligibility of compounded HDPE - High Density Polyethylene or not? - Held that:- The issue is decided in the case of Ratnamani Metal & Tubes Limited vs. CC, Kandla [2013 (8) TMI 851 - CESTAT AHMEDABAD], where it was held that In the absence of any support for the conclusion that the product imported by the appellant has been chemically modified or it is not known as HDPE in the market, the benefit of exemption under Sr. No. 477 has to be extended to the appellant - the said case is squarely applicable to the facts of the present case. Thus, at this stage encashment of bank guarantee would not be justified - the encashment of bank guarantee is stayed till final disposal of the appeal filed by the applicant.
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