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TMI Blog2002 (12) TMI 300X X X X Extracts X X X X X X X X Extracts X X X X ..... ri Sanjay N. Kantawala, Advocate and Shri Dilpreet Singh, Shri Hardeep Singh. 3. The Ld. Advocate submitted that the applicant fully agrees with the value of the goods shown by the Revenue in their Show Cause Notice dated 16th July 2002 and there is no dispute on the same either by the applicant or the Revenue. The only difference is the rate of duty which has been worked out @ 62.86% (35% Basic Customs Duty + 16% Countervailing Duty + 4% Special Additional Duty) under Section 20 of the Customs Act, 1962 by the Revenue whereas, according to the applicant, the rate of duty applicable is 16% ad valorem taking into consideration Notification No. 94/1996-Cus., dated 16-12-1996, which comes to Rs. 13,58,187/- which the applicant admits as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has not made a full and true disclosure of his duty liability and there is a wide disparity between the amount of duty payable by the Revenue and the one admitted by the applicant. However, as has been mentioned by the ld. Advocate for the applicant, since this is only an admission stage and the applicant fulfils all the parameters laid down under Section 127B of the Customs Act, 1962, the Revenue has no objection to admission of the case and provisional release of the goods provided the applicant executes a bond equal to the value of the goods i.e. Rs. 84,88,672/ and gives a bank guarantee of 25% of the disputed duty liability (i.e. total duty of Rs. 53,36,318/- - Rs. 13,58,187/- admitted duty liability = Rs. 39,78,131/- disputed duty liab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble on such goods at the time and place of importation of the goods provided certain conditions as mentioned in the said notification are complied with. The relevant portion of the said notification is extracted below :- GENERAL EXEMPTION NO. 98 Exemption to re-import of goods exported under duty drawback rebate of duty or under bond. - In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) and in supersession of the notification of the Government of India in the Ministry of Finance, (Department of Revenue), No. 97/95 Customs, dated the 26th May, 1995 the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts the goods falling within any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xport performance has not expired and necessary endorsements regarding re-import have been made. (III) The importer had intimated the details of the consignment re-imported to the [Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise] in charge of the factory where the goods were manufactured and to the licensing authority regarding the fact of re-importation and produces a dated acknowledgement of such inti- mation at the time of clearance of good. (IV) The manufacturer-exporters who are registered with Central Excise Department may be permitted clearance of such goods without payment of Central Excise duty under transit bond to be executed with the customs authorities, such bond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort-oriented undertaking or a unit in a Free Trade Zone as defined under Section 3 of the Central Excise Act, 1944 (1 of 1944); (b) from a public warehouse or a private warehouse appointed or licensed, as the case may be, under Section 57 of or section 58 of the Customs Act, 1962 (52 of 1962). Explanation. - For the purposes of this notification, the goods shall not be deemed to be the same if these are reimported after being subjected to re-manufacturing or reprocessing through melting, recycling or recasting abroad. [Notification No. 94/96-Cus., dated 16-12-1996 as amended by Notification No. 135/99 Cus., dated 27-12-1999.] For availing the benefit of this notification, it is seen by the Commission that i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich goods of the like kind and value are liable or subject, on the importation thereof. In other words, the submission is that re-imported goods should be treated as if they are freshly imported for the purpose of duty liability. However, the Revenue admits that the applicant fulfils the parameters as laid down under Section 127B of the Customs Act, 1962 regarding admissibility of the application. Revenue, however, requires the applicant to execute a Bond equal to the value of the goods and a Bank Guarantee for 25% of the disputed duty liability for release of the seized goods provisionally. In view of the above discussion and in view of the applicant, having satisfied the parameters as laid down under Section 127B of the Customs Act, 196 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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