2016 (9) TMI 1088

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..... Respondents : Mr. Satish Aggarwala with Mr. Amish Aggarwala, Advocates for Resp-1. Mr. Sanjiv Narula, Sr. Standing Counsel with Mr. Sunil Dalal and Mr.Abhishek Ghai, Advocates for Resp-2 ORDER The petitioner's claim in this writ proceeding is for refund of the amount after adjusting the customs duty payable pursuant to the Order in Original. The petitioner had imported paper. A show cause noti .....

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..... llans. Counsel contends that the amount standing to the petitioner's credit were to be given due consideration; the differential duty would be less than Rs. 9 lakhs. The Order in Original in this case confirmed the differential duty in respect of 12 bills of entry. Besides it also imposed penalty upon one of the petitioner's Director Mr. Surinder Garg - to the extent of Rs. 10 lakhs. These essent .....

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..... excess of Rs. 9 lakhs. The petitioner has also in addition conceded that the amount of penalty imposed upon its Director may be adjusted and the balance be refunded. The mere circumstance that the customs authorities had appealed to the CESTAT does not at this point of time render the retention of the money by them legitimate. Once the adjudication was completed and the true value determined, it .....

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