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TMI Blog2021 (3) TMI 539X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel for the respondents. 3. In both the writ petitions prayer has been made for return of bank guarantee. Though facts in both the cases are identical, for the sake of convenience, we may advert to facts pleaded in Writ Petition (St.) No.95825 of 2020. 4. Petitioner had imported the goods "Trapazoidal Shaped Pre-Painted GI Roof Profiles" (different shapes and designs) and filed bill of entry when the shipment reached the concerned seaport. On the ground that the customs tariff heading of the imported consignment declared by the petitioner was not correct leading to undervaluation, demand cum show cause notice dated 27th March, 2018 was issued to the petitioner by the Joint Commissioner of Customs, Pune. It may be mentioned that the impor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant had initially claimed the classification under CTH 73089090 and also made alternative classification under CTH 7216. As against the classification of the subject goods claimed by the appellant, the department has classified the said product under CTH 7210. The dispute with regard to classification of the subject goods was under challenge before the Tribunal in the case of Prabhat Steel Traders Pvt. Ltd. and Kavi Commercial Ltd. The Tribunal vide Order No. 8519485195/2019 dated 25.01.2019 has disposed of the appeals, holding that the product in question should appropriately be classifiable under CTH 72169100. Since the operation of the said order of the Tribunal has not been stayed or overruled by the higher judicial forum, as per the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tended. When the petitioner came to know about it, it represented before respondent No.4 on 7th May, 2020 for return of bond and bank guarantee. Ultimately, respondent No.4 informed the petitioner vide letter dated 9th October, 2020 that department has filed appeal before the Supreme Court against the order dated 12th December, 2019 of CESTAT. Therefore, the bank guarantee and bond could not be released/ returned unless the issue is decided finally by the Supreme Court. 10. It was at that stage that the two writ petitions came to be filed. 11. Respondents in their reply affidavit have taken the stand that department has filed civil appeal before the Supreme Court against the order of CESTAT and that it has got a good case on merit. Theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as produced before us a compilation of documents wherefrom we find that in Civil Appeal (Diary) No.17768 of 2020 Supreme Court vide order dated 15th October, 2020 has issued notice in the appeal as also in the application for condonation of delay with the direction that it should be tagged alongwith Civil Appeal No. 303 of 2020. Civil Appeal (Diary) No.17768 of 2020 has been preferred against the order dated 12th December, 2019 passed by CESTAT. From a perusal of the order dated 15th October, 2020 passed by the Supreme Court we find that department has filed appeal accompanied by an application for condonation of delay as well as stay application. In so far Civil Appeal No.303 of 2020 is concerned, we find that by order dated 9th January, 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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