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Issues:
Interpretation of Heading 73.15(2) of the Customs Tariff Act, 1975 regarding the applicability to prime, defective, and secondary stainless steel circles. Applicability of the judgment in Super Traders v. Union of India upheld by the Supreme Court in subsequent cases. Validity of the decision considering Amendment Act 15 of 1982. Enforcement of duty payment and bank guarantee provisions. Challenge to the decision based on the Customs Act, 1962. Analysis: The primary issue in this batch of writ petitions was the interpretation of Heading 73.15(2) of the Customs Tariff Act, 1975 concerning whether it applies to prime quality stainless steel only or includes defective and secondary stainless steel circles. The Division Bench of the High Court had previously held in Super Traders v. Union of India that even defective and secondary stainless steel circles fall under this heading, leading to higher customs duty obligations. This decision was subsequently upheld by the Supreme Court in M/s. A. Parmananddas v. Union of India, where the Court affirmed the applicability of the heading post the Amendment Act 15 of 1982, effective from 1st January 1982. The Amendment Act 15 of 1982, which came into effect from 1st January 1982, played a crucial role in determining the classification of defective or secondary stainless steel circles under Heading 73.15(2) of the Customs Tariff Act, 1975. The High Court reiterated that this amendment supported the inclusion of such stainless steel circles under the said heading, especially for imports made after 1st January 1981. The decision in the case of M/s. Venkateshwara Stainless Steel and Wire Industries v. Union of India was also cited to reinforce this interpretation. Given the Supreme Court's affirmation of the High Court's decision in A. Parmananddas, the High Court found no grounds to reconsider the matter. The pending review application against the Supreme Court's decision did not alter the binding nature of the previous judgments. The petitioner's attempt to challenge the decision in Super Traders and the provisions of Section 15(ii)(a) of the Customs Act, 1962, was dismissed, as the decisions of the High Court and the Supreme Court remained conclusive. Regarding the enforcement of duty payment and bank guarantee provisions, the High Court ordered the petitioner to pay the duty as per Heading 73.15(2) of the Customs Tariff Act, 1975, along with interest at 17.5% per annum from the due date. The respondents were authorized to encash the bank guarantee and enforce the bond for immediate recovery. The High Court's decision was final, and the writ petitions were dismissed without costs, upholding the duty payment obligations as per the Customs Tariff Act.
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