TMI Blog1992 (3) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... rawback as already ordered to be paid by an order of the Collector of Customs dated 16-9-1986, as upheld in revision by an order of the Central Government passed on 19th February, 1988. 2. The petitioner imported from one LECO Corporation of USA a particular X-Ray machine for the purpose of detection of impurities present in molten iron being traces of such metals as silicon, manganese and phosp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to USA, were not goods of any real value and it is also true that these did not represent export in the real sense of the term. But then again, the importation of the replacement parts made by the writ petitioner, were also not, in the real sense of the term, any fresh imports calling for payment of any further, fresh or additional duty. 6. The Collector of Customs was not dissatisfied with t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wback claimed by the two bills forming annexure "J" to the writ petition before me should have been allowed in full. However, these have not been allowed in full and the values of claimed drawback, amount of duty, as well as the value of the goods have been scored out and lesser figures have been substituted. 9. Though a copy of Affidavit-in-Opposition was supplied to the writ petitioner for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... export drawback bill have not been paid to the writ petitioner. By reason of the all pervasive effect of Article 14 of the Constitution of India the respondents are not permitted not to honour the orders of payment passed by the Collector (Appeals) of Customs as well as the order of confirmation thereof passed in revision by the Central Government. There is no reason apparent why the export drawb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eps in accordance with law. 13. The respondents need not pay interest @ 18% p.a. as claimed and allowed by me above, in case the full principal sum mentioned above is cleared within the period of a fortnight indicated above; failing the same, the said interest would also have to be paid. 14. All parties to act on a xerox copy of this Dictated Order duly countersigned by the Assistant Registrar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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