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TMI Blog2016 (10) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... llant (s) Shri Rajeev Ranjan, Jt. Commissioner, (A.R.) for the Department ORDER The appellant, M/s Ratan Aluminium Recycling Pvt. Ltd., is in appeal against Order dated 27.05.2016, passed by the Commissioner of Customs, Noida. 2. Brief facts of the case are that the appellant is a manufacturer of Aluminium Ingots and for this purpose, they had imported Aluminium Dross. The appellant had filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eported by CRCL that the same contains about 58% aluminium, which is expected to be recoverable. Further, it is based on the said report, the valuation of the goods under import is proposed to be enhanced based on the quantity of aluminium recoverable. Further, we take notice that show cause notice dated 08.07.2016 has been issued by the Commissioner of Customs, stating in para 8, as per the test ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of Bond covering 100% of the re-determined value of the goods i.e. bond amounting to Rs. 1,06,27,800/-, (iii) submission of Bank Guarantee for 30% of the value of the goods involved i.e. Rs. 31,89,000/- and (iv) furnishing of an undertaking that the appellant will co-operate with the Revenue during the investigation. The appellant, being aggrieved by this order of provisional release, has filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account of CVD. Accordingly, the learned Counsel prays for appropriate modification and relief, of the provisional release order, before us. 4. Heard the learned A.R. for Revenue, who supports the order of provisional release. 5. Having carefully considered the rival contentions, we are satisfied that no CVD is prima facie leviable when no Excise Duty is leviable on Aluminium Dross. And the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Revenue in the SCN dated 08.07.2016. (iii) We waive off the condition of the bank guarantee and also waive the condition of filing any undertaking, as the show cause notice is already issued and served on the appellant. 6. Subject to the aforementioned conditions being fulfilled, we direct the Respondent -(Commissioner) and/or the Customs authorities to release the goods forthwith, within a p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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