ELGITREAD (INDIA) LTD. Vs. COMMISSIONER OF C. EX.

JUDGEMENT

(1.) THE demand of customs duty of Rs. 1,46,616/ - on the ground that, since the assessees exported goods under bond without payment of duty in terms of Notification No. 263/79 -C.E., dated 22 -9 -1979, they were covered by Sl. No. 1(d) of the Table to Notification No. 94/96 -Cus. covering re -import of goods exported inter alia under bond, is under challenge in the present appeal. We have heard both sides.

(2.) THE assessees had exported two consignments of tyre re -treading machinery and accessories manufactured by them for the purpose of exhibition in international trade fair held in USA and Italy in Feb, 2001 and April, 2001 and for exhibition in Singapore in Aug., 2001, under bond without payment of duty under Notification No. 263/79 as amended. At the time of re -import, after exhibition, the goods were cleared without payment of duty by claiming exemption to Notification 94/96 -Cus., dated 16 -12 -1996 as amended. Since such goods were exported under bond without payment of duty, they are covered by Sl. No. 1(d) of the Table to the Notification which is reproduced herein below: -