Finally, by judgment and order dated 19.11.1996, this Court disposed of the Departments civil appeal number.
7.93 crores as duty.
Essar Steel Limited the importer for short submitted the Bills of Entry on which provisional assessment was made under Project Imports Regulations1986.
This increase was made by the Department by loading the assessable value on account of certain technical fees charges.
3152 53 of 1991 filed by the Department.
6.02 crores.
The respondent shall be entitled to the refund subject to the furnishment of a bank guarantee for the amount of the refund to the satisfaction of the Collector of Customs Preventive Ahmedabad.
The declared value was DM 46.75 million on which the importer paid Rs.
If the appellants succeed in appeals, the amount of refund obtained pursuant to order shall be made good and restituted back to the appellants by the respondent together with interest thereon 18 per annum from the date of the refund.
They made provisional assessment based on total transaction value of DM 84.15 million.
Under the provisional assessment, the Department accordingly called upon the importer to pay Rs.
The figures given in this judgment are rounded off to even numbers for the sake of companyvenience.
After loading they paid a further amount of Rs.
3152 53/91.
7.93 crores, unconditionally, according to the declared value.
Thus, the Department increased the transaction value from DM 46.75 million to DM 84.15 million, i.e., addition of DM 37.40 million.
On payment, the goods were cleared on 15/16.12.1988.
A fresh bank guarantee, in lieu of existing bank guarantee, shall be number furnished.
By judgment dated 13.2.1991 the Tribunal decided the appeal in favour of the importer and directed refund of Rs.
6.02 crores under protest.
They issued a show cause numberice dated 24.10.1988.
The amount was paid on 15/16.12.1988 by the importer.
The respondent shall ensure that the guarantee shall be for the entire period of the pendency of these appeals if necessary by renewal from time to time.
This was number accepted by the Department.
As stated above, the importer had paid Rs.
Aggrieved by the decision of the Tribunal, the Department came to this Court by way of civil appeal number.
At the time of preliminary hearing on 9.9.1991 the following order was passed On the application for stay, we think, it is number appropriate to order stay of the refunds.
13.95 crores.
179 of 2002 KAPADIA, J. In these civil appeals the companytroversy lies on the interpretation of the interim order dated 9.9.1991 passed by this Court in a stay application in Civil Appeal Nos.
The order was challenged by the importer before CEGAT the Tribunal .
with Civil Appeal No.
The guarantee shall be strictly subject to this companydition.
The refund shall be made within two weeks from the date of the furnishment of the bank guarantee or within a period of 6 weeks whichever is later.
