JUDGMENT

D.P. Wadhwa, J.-State Bank of India (SBI) is aggrieved by the order dated September 29, 1995 of the Customs, Excise and Gold (Control) Appellate Tribunal (for short, the Tribunal rejecting its claim for refund of custom duty amounting to Rs.10,86,49,119. The claim for refund has been made under Section 27 of the Customs Act, 1962 and it is alleged that the excess amount of custom duty could not have been levied in view of the provisions of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 (for short, the Rules ) framed thereunder and the Press Note March 17, 1992 of the Department of Electronics, Government of India.

2. SBI imported a consignment of Computer Software and Manuals from Kindle Software Ltd., Dublin, Ireland ( Kindle for short) of the value US $ 4,084,475.00 (equivalent to Rs. 10,75,70,267.25). SBI filed a Bill of Entry No. 5209 date July 19, 1991 along with the Invoice of Kindle bearing No. 910701 dated July 3, 1991 for the aforesaid amount and after paying custom duty of Rs. 12,04,78,699/- on July 25, 1991 cleared the goods for home consumption. On August 7, 1991 SBI filed an application before the Additional Collector of Customs