2019 (5) TMI 1589

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..... id by NTPC under protest and since the Export Obligation Discharge Certificate has not been provided, the bank guarantee ought not to be released. This Court finds the aforesaid contention unmerited. Concededly, the bank guarantee was submitted by PEL to secure the revenue to the extent of ₹8,15,00,000/-. As against the said bank guarantee, NTPC has paid a sum of ₹19,91,83,067/-, as qu .....

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..... ent petition, inter alia, praying as under:- (1) Pass an appropriate Writ, Order or Direction to the respondent no. l Commissioner of Customs-Mumbai restraining him from encashing the bank Guarantee furnished by the petitioner as replacement in terms of order dated 15.01.2018 passed by this Hon ble Court in W.P(C) No. 11305 of 2017. 2. The controversy in the present petition .....

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..... , PEL imported Special Steel Line Plates for supply to the said project. The said plates were imported against an Advance Authorisation with attendant export obligations. The said obligations were, obviously, to be discharged by supply of the said goods to NTPC. In order to secure the interest of the revenue, PEL submitted a bank guarantee in the sum of ₹8.15 crores. 5. The Lohari N .....

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..... ectric Power Project but that too has also not fructified as yet. 7. Finally, NTPC agreed to pay the duties leviable on the said imports. The said duties were, admittedly, quantified at a sum of ₹19,91,83,067/-. The said sum includes an element of interest as well. NTPC has since paid the said amount and now seeks that the bank guarantee be released. 8. The learned counsel .....

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..... ted to forthwith return the bank guarantee to NTPC. 11. It is clarified that this said order is without prejudice to the rights of all parties, including PEL. It is also further clarified that nothing stated in the present order should be construed as limiting the rights of NTPC or PEL to contest the liability as claimed by the Custom Department or for the said parties to seek exemption f .....

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