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2020 (2) TMI 1302 - HC - CustomsReturn of Bank Guarantee - finalization of provisional assessment - return sought on the ground that they did not initiate any retroactive check under Rule 7(c) of the Customs Tariff (Determination of Original of Goods under the Preferential Trade Agreement between Governments of Member States of the Association of South-East Asian Nations (ASEAN) and the Republic of India) Rules, 2009 notified on 31.12.2009 - HELD THAT:- Sri B. Narasimha Sarma, counsel appearing for respondents, states that there was no retroactive check in terms of Rule 7(c) of the Rules referred to above, and the R.T.I. information furnished to the petitioner on 06.11.2019 confirms the same - In view of the same, since the time limit of two (02) months as laid down in Rule 7(1) has expired, it is the duty of respondents to complete provisional assessment and also return the Bank Guarantees given by petitioner towards the exports made by him under the Bills of Entry dt.05.04.2019 and 01.04.2019. The respondents are directed to release the Bank Guarantees furnished by petitioner within two (02) weeks from to-day since they anyway have a bond executed by petitioner; and the respondents shall also complete the provisional assessments in respect of the said Bills of Entry within a period of three (03) months from the date of receipt of copy of the order and communicate their decision to the petitioner - Petition allowed.
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