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THE COMMISSIONER OF CUSTOMS, KOCHI AND THE DEPUTY COMMISSIONER OF CUSTOMS, KOCHI Versus M/s. ALUMINUM INDUSTRIES LTD AND STATE BANK OF TRAVANCORE

Recovery of duty - section 28(1) of the Customs Act, 1962 – import of aluminum ingots - notification No.176/1980 dated 29.8.1980 – levy of additional duty to the extent of 12.5% of the value of goods – earlier notification rescinded by notification No.76-Cus dated 27.3.1981 with effect from 27.3.1981- issue of bank guarantee for recovery of the sums – non-renewal of bank-guarantee – proceedings under Sick Industrial Companies (Special Provisions) Act, 1985 – Held that: - the bank guarantee still .....

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HANKUMAR 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. The goods were cleared as per Bill of Entry No.507 dated 28.3.1981 by the first respondent through their clearing agents under the impression that in view of the Government of India notification No.176/1980 dated 29.8.1980, add .....

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5,050.66 (rounded off to ₹ 10,75,051/-) should not be paid to the Custom House Treasury. The importer namely the first respondent herein contended in their letter dated 8.5.1981 that the amount demanded is not payable for the following reasons: 1. The vessel President Eisenhower, carrying the subject goods, arrived at Cochin port on 26.3.81 and the rate of duty prevalent on 26.3.81 only was leviable. 2. The notification No.76/81 dated 27.3.81, has no application since the vessel carry the .....

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levant 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 into t .....

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ourt by filing S.L.P(Civil)No.1539 of 1985. In that Special Leave Petition, the Apex Court passed an interim order staying recovery of the sum of ₹ 10,75,050.66 subject to the condition that the first respondent should furnish bank guarantee within four weeks for the said sum to the satisfaction of the Assistant Collector of Customs, Kochi. The special leave petition was thereafter dismissed as per Ext.P5 order passed on 22.4.1996. The Deputy Commissioner of Customs, Custom House, Kochi, t .....

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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 c .....

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