2016 (9) TMI 27 - HC - Customs

Recovery of duty - section 28(1) of the Customs Act, 1962 import of aluminum ingots - notification No.176/1980 dated 29.8.1980 levy of additional duty to the extent of 12.5% of the value of goods earlier notification rescinded by notification No.76-Cus dated 27.3.1981 with effect from 27.3.1981- issue of bank guarantee for recovery of the sums non-renewal of bank-guarantee proceedings under Sick Industrial Companies (Special Provisions) Act, 1985 Held that - the bank guarantee still in force and the bank will pay over the guaranteed amount to the appellant. Undertaking of payment of sum by the bank recorded appeal disposed off decided in favor of appellant.

Summary

Issues:
1. Determination of the rate of duty applicable for imported goods.
2. Challenge to the order by filing a writ petition.
3. Enforcement of bank guarantee under the Sick Industrial Companies Act.

Issue 1: Determination of the rate of duty applicable for imported goods
The case involved an appeal by M/s. Aluminum Industries Ltd. regarding the levy of additional duty on imported aluminum ingots. The dispute arose when a notification affecting the duty rate was rescinded after the goods had arrived at the port. The Assistant Collector of Customs issued a demand notice for payment of duty, which was contested by the importer. The Assistant Collector relied on sections 12 and 15 of the Customs Act, 1962 to determine that the duty rate applicable is based on the date of presenting the Bill of Entry. The importer challenged this decision through legal proceedings up to the Supreme Court, which eventually dismissed the appeal.

Issue 2: Challenge to the order by filing a writ petition
Following the dismissal of the appeal, the Customs authorities sought enforcement of the duty payment through a bank guarantee. However, the bank cited regulations under the Sick Industrial Companies Act, 1985, stating that enforcement could only be done in accordance with the regulations of that Act. The Customs authorities filed a writ petition seeking the bank to honor the guarantee, but the single judge dismissed the petition, allowing the Customs to seek appropriate orders under the Sick Industrial Companies Act.

Issue 3: Enforcement of bank guarantee under the Sick Industrial Companies Act
The Customs authorities filed a writ appeal challenging the dismissal of their petition. During the hearing, the State Bank of Travancore assured the court that the bank guarantee was still valid and committed to paying the due amount. Based on this undertaking, the court disposed of the appeal, directing the bank to pay the sum to the Customs authorities by a specified date.

This detailed analysis summarizes the legal judgment involving the determination of duty rates for imported goods, challenges through legal proceedings, and the enforcement of a bank guarantee under the Sick Industrial Companies Act.