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TMI Blog2016 (9) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... t to the appellant. Undertaking of payment of sum by the bank recorded – appeal disposed off – decided in favor of appellant. - W.A.No.814 of 2010 - - - Dated:- 10-6-2016 - P.N. Ravindran and K. Ramakrishnan, JJ. FOR THE APPELLANT : ADV. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCISE FOR THE RESPONDENT : ADVS. SRI.E.K.NANDAKUMAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.P.GOPINATH, ADVS. SRI.T.SETHUMADHAVAN, SRI.PUSHPARAJAN KODOTH, SRI.K.JAYESH MOHANKUMAR JUDGMENT P.N. Ravindran, J. M/s. Aluminum Industries Ltd., Kundara, the first respondent in this appeal, imported a consignment of aluminum ingots valued ₹ 32,50,342.19 and weighing 249.728 MT through Cochin Port. The goods reached Cochin Port on 26.3.1981. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opportunity of oral hearing. That request was acceded to and a hearing was held. 2. The Assistant Collector of Customs thereafter issued Ext.P1 order dated 22.8.1981 wherein, relying on sections 12 and 15 of the Customs Act, 1962 it was held that the relevant date for determination of the rate of duty applicable in the case of goods entered for home consumption is the date on which a Bill of Entry in respect of such goods is presented under section 46 of the Customs Act, 1962. The Assistant Collector held that as the Bill of Entry in the instant case was presented only on 28.3.1981, the rate of duty as in force on that date would be applicable to the goods in question. He accordingly directed that the sum of ₹ 10,75,050.66 be paid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that bank guarantee shall not be enforced during the pendency of the proceedings before the BIFR under the Sick Industrial Companies (Special Provisions) Act, 1985, the bank is not in a position to accede to his request. The Commissioner of Customs, Kochi and the Deputy Commissioner of Customs, Kochi thereupon filed W.P.(C).No.5244 of 2004 in this court challenging Ext.P6 letter and praying for the following reliefs: a. Issue a writ in the nature of mandums or other appropriate writ, order or direction commanding the 2nd respondent to immediately honour the guarantee and make payment of the amount covered by the guarantee to the Customs Department. b. Declare that the proceedings before the BIFR now stated to be pending is not a b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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