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TMI Blog1991 (1) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... s prayed that the order passed by the Superintendent (Central Excise & Customs) Range Jodhpur dated 17-9-1984 (Anx. 2) and the remarks of the Superintendent (Central Excise & Customs) on the classification list Anx. 2A may be quashed and it is prayed that petitioner may be permitted to clear his goods. 2. The petitioner is a private limited Company and deals with the purchase of vegetable and non ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 110/84-C.E., dated 11-5-1984." and he further called upon him to file the fresh classification list showing the appropriate tariff rate of duty. Aggrieved against this order, petitioner has approached this Court by filing the present writ petition. 3. Mr. Lodha learned Counsel for the respondents submitted that in the similar situation, the Division Bench at Jaipur has remanded the matter back ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner did lay emphasis on Collector of Central Excise v.Jayant Oil Mills Pvt. Ltd. and Central Excise v. Karan Spinning Mills. Empire Industries Ltd. v. Union of India [1985 (3) SCC 314] has been referred by the Supreme Court in M/s. Ujagar Prints and others v. Union of India and others - (1989) 3 SCC 488, counsel for the excise urged that the law laid down in Empire Industries Limited case (s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Customs shall decide the matter in accordance with law within a period of 10 days, thereafter. 6. The next question is regarding the amount which has already been adjudicated. Mr. Lodha submits that the amount of the duty adjudicated has not been paid by the petitioner and that comes to Rs. 40,47,477.75P. (Rupees forty lacs forty-seven thousand four hundred seventy seven and P. seventy five only) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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