IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.4.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.9884 of 2011 1 TEXWORTH INTERNATIONAL [ PETITIONER ] REP BY ITS PROPRIETOR VIKRAM JAIN Vs 1 COMMISSIONER OF CUSTOMS NO.60 RAJAJI SALAI CHENNAI – 600 001. 2 DEPUTY COMMISSIONER OF CUSTOMS (DEPB) NO.60 RAJAJI SALAI CHENNAI - 600 001. [ RESPONDENTS ] Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents to assess Bill of Entry No.3196600 dated April 12, 2011, filed by the petitioner by allowing exemption from Additional duty of customs (CVD) under notification No.30/2004-CE dated 09/07/2004 as per Final order Nos.941, 942 and 1109 of 2008 dated August 28, 2008 and September 29, 2008 and allow clearance of the subject goods in this Writ petition as per the provisions of Customs Act, 1962 or any other appropriate writ or order or directions as this Honble court may deem fit and proper. For petitioner : Mr.Joseph Prabakar For respondents : Mr.S.Udayakumar CGSC O R D E R Heard the learned counsel appearing for the petitioner and the learned Central Government Standing counsel appearing on behalf of the respondents. 2. The prayer sought for in the writ petition is for a direction to the respondents, to assess the Bill of Entry No.3196600 dated April 12, 2011, by allowing exemption from additional duty of https://hcservices.ecourts.gov.in/hcservices/ customs (CVD), under Notification No.30/2004-CE dated 09.07.2004, as per the Final order Nos.941 to 942, dated 28.8.2008, and the final order NO.1109 of 2008, dated 29.9.2008 and allow clearance of the subject goods in this writ petition, as per the provisions of the Customs Act, 1962. 3. In view of the similar orders passed by this Court in a number of writ petitions, including the order, dated 15.2.2010, made in W.P.No.2301 of 2010 (M/s.Shiv Shanti Exim Pvt. Ltd V. The Commissioner of Customs), the following order is passed: i) The prayer for assessing the Bill of Entry by allowing the exemption from Additional Duty of Customs (CVD), under Notification No.30/2004-CE, dated 9.7.2004, cannot be granted. ii) The respondents are directed to release the goods concerned, in respect of the above said Bill of Entry, subject to the condition that the petitioner furnishes a bank guarantee for the entire value of Additional Duty of Customs (CVD), to the satisfaction of the second respondent, which shall be kept alive, till the adjudication process is completed. iii) It is made clear that, as and when the bank guarantee is furnished, the respondents shall release the goods, forthwith. 4. The writ petition is ordered accordingly. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. lan To: 1 COMMISSIONER OF CUSTOMS NO.60 RAJAJI SALAI CHENNAI - 600001. 2 DEPUTY COMMISSIONER OF CUSTOMS (DEPB) NO.60 RAJAJI SALAI CHENNAI - 600 001. 1 cc to Mr. Joseph Prabhakar, Advocate, Sr. 27010 Writ Petition No.9884 of 2011 VS (CO) kk 19/4 https://hcservices.ecourts.gov.in/hcservices/