TMI Blog2018 (10) TMI 1379X X X X Extracts X X X X X X X X Extracts X X X X ..... war, learned advocate states that on the next date of hearing, he will argue the case on merits, if any. - R/SPECIAL CIVIL APPLICATION NO. 12063 of 2008 With CIVIL APPLICATION NO. 3 of 2010 With R/SPECIAL CIVIL APPLICATION NO. 12585 of 2008 - - - Dated:- 23-10-2018 - MR ANANT S. DAVE AND MR A.C. RAO, JJ. For The Petitioner : MR R. SANTHNAM WITH MR HARSHADRAY A DAVE (3461) For The Respondent : M/S TRIVEDI AND GUPTA (949), MR ANKIT SHAH(6371), MR DEVANG VYAS (2794), MR RJ OZA(520) AND MS MAITHILI D MEHTA (3206) ORAL ORDER ( PER : HONOURABLE MR.JUSTICE ANANT S. DAVE) 1. Heard learned advocates for the respective parties. 2. Our attention is invited to the order dated 06.10.2008, whereby notice was m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ates the situation in which the goods become liable for confiscation. 4. Once again, time was granted on 22.10.2008 after perusal of the file to place certain facts on record, and lastly, on 12.11.2008, after hearing the case at length on 12.11.2008, the following order was passed: 1 The matter has been heard at length. The case of the respondentrevenue is primarily that the utilisation of imported steel plates for manufacturing of Jigs, Dies and Tools violates basic permission dated 27/28-07-1999 which grants permission to manufacture Submerged Arc Welded Steel Pipes. To a query from the Court, as to where does the prohibition or violation emanate from, a provision, Notification, condition etc: the learned Counsel for the respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... correct figure, on the basis that the figure stated by the learned Counsel for the respondent authorities is correct, the petitioner is directed to allocate a sum of ₹ 47 lacs out of the bond of ₹ 100 crores, stated to have been furnished by the petitioner, towards such liability that may arise in future, if any. The petitioner shall not take any benefit or utilise the said portion of the bond for any other purpose till final outcome of the petition. Upon the petitioner depositing the aforesaid sum of ₹ 20 lacs (Rupees Twenty lacs) the aforestated goods shall be released. 3. In relation to goods seized on 2.7.2008 lying in custody of Customs Authorities the respondent authorities shall appoint an expert to ascertain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 73,518/, the petitioner Company will furnish a Bank Guarantee of a nationalized bank, within a period of ONE WEEK from today, 7. Thereafter, for one or the other reasons, the matter is not heard effectively and subsequently, Circular No.22/2009-Cus dated 19.08.2009 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Excise and Customs, Directorate General of Export Promotion, to all Chief Commissioners of Customs/Central Excise and all Commissioners of Customs/Central Excise, with regard to subject viz. use of duty free raw material for capital goods manufactured within EOU for captive use. Based on the above, now the contentions are raised by learned counsel for the petitioner that no adj ..... X X X X Extracts X X X X X X X X Extracts X X X X
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